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Haripada Mandal Vs. Bidhan Chandra Mondal, 2002, 31 CLC (HCD)

....ances of the case I direct the parties to bear their respective costs. Copy of this Judgment be transmitted to the Court concerned. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 515....... Huq J.- Fate of Civil Revision Petition hinges on answer to the following question which is, whether appeal under Order XLIII rule 1(c) of the Code of Civil Procedure (for short The Code) against an order passed in a proceeding laid under Order IX, rule 9 of the Code springing out of Pre‑emption .........Petitioner Vs. Bidhan Chandra Mondal............................Opposite Party Judgment July 17, 2002. Result: The Rule is made absolute. Cases Referred to- Belayet Hossain and another Vs. Md. Abu Taher and others, 32 DLR (AD) 231. Lawyers Involved: Zaman Akter, A......rted in: 55 DLR (HCD) (2003) 515...

Category: Procedural Law | Date: | Hits: 104

Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ......eted construction of many bridges. At the moment it is engaged in constructing Moheshkhali Bridge, Dharla Bridge, Bancharampur Bridge and the construction of superstructure of Daratana Bridge. Work orders for the above works have been issued on 10‑2‑2000, 15‑2-2000, 14‑11‑1999 and 7-6-......ernment. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ...... High Court Division (Special Original Jurisdiction) Present: MA Aziz J Md. Shamsul Huq J Al-Amin Construction Co. Ltd..........................................................Petitioner Vs. Government of the People's Republic of Bangladesh and others……………Respondent..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......and business were very satisfactory and it is a profitable concern, respondent No.2 misappropriated the entire profit of the company and submitted false accounts and balance‑sheet of the company in order to hide the profit and deprive the petitioners of their due shares of the profit. 4. The......e returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ...... in: 44 DLR (HCD) (1992) 371. ..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Sec......General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......) 366. ..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....mediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z-6. 3. At ......ent the petitioner along with others was recruited to the Bangladesh Civil Service Trade Cadre following his outstanding results in the 11th BCS examination in which this petitioner came first in the order of merit. This notification dated 16th February, 1993 is Annexure-A(1). The petitioner joined ......nsidering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ...... 50 DLR (HCD) (1998) 357. ..

Category: Employment/Service Law | Date: | Hits: 216

Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)

....herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......pended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zo......hout any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ...... High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rah­man J Dr. MB Rahman…………………………………………Petitioner Vs. Deputy Commissioner of Taxes………………….Respondents Judgment July 15..

Category: Fiscal/Taxation Law | Date: | Hits: 170

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......es regarding delay in supplying N.O.C. Visas. The complainant in good faith believed the statements of the accused. The complainant returned to Bangladesh in 1980 and met the accused who said that in order to meet the official anomalies it would not be possible to procure the N.O.C., Visa and (work)......ppellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......ision (Chittagong Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Abdul Jalil J Musa Bin Shamsher..................................Petitioner Vs. Ansarul Huq Ansari & others.........................Opposite-Parties Judgment ..

Category: Criminal Law | Date: | Hits: 362

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......ta, Advocate - For the Opposite Party No.1. Civil Revision No. 312 of 1985 Judgment Nurul Huque Bhuiyan J.- This rule under section 115 of the Code of Civil Procedure is directed against the order dated 15.05.1985 passed by the learned Subordin­ate Judge, 1st Court, Comilla, in Title Suit ...... This Case is also Reported in: 39 DLR (HCD) (1987) 21....... Court High Court Division (Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment ..

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......asul, Advocate-For the Oppo­site Parties. Civil Revision No. 58 of 1986. Judgment Nurul Huque Bhuiyan J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 22.09.1985 passed by the learned Additio­nal District Judge, Noakhali, in Miscellaneous......ule is made absolute. Case Referred to- Mvi. Azizur Rahman and others petitioners Vs. Kailas Chandra Bumecha & others Opposite parties, 25 DLR (HC), 252. Lawyers Involved: Md. Ruhul Amin-II, Advocate - For the Petitioner. Humayan Habibibur Rasul, Advocate-For the Oppo­site Partie......Comilla Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Abdul Mannan and others……………………………………………………….….………….Petitioners Vs. Government of the Peo­ple's Republic of Bangladesh & others…………….Oppo..

Category: Procedural Law | Date: | Hits: 139

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ed District Judge, each party submitted list containing 3 names for appointment of Arbitrator. However, upon hearing the parties and on perusal of all the documents the learned District Judge, by his order dated 6-3-2003 appointed Mr. AFM Mesbahuddin as Arbitrator to enter into the reference and arb......rged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......fice/apartment/car parking to the interested persons. The purchaser respondent was also allowed to obtain clearance certificate from the RAJUK and get the plan approved and sale/allot the aforemen­tioned spaces to various customers and receive money for the said purpose from the aspirant cus­tomer..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ppointed as Commissioner for Enquiry under the Commissions of Inquiry Act, 1956 and on completion of the enquiry submitted his report to the Government of Bangladesh. The report of the Commission was published by the Government of Bangladesh. Thereafter, a press conference was called and the same to...... of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The High Court Divis......44 DLR (HCD) (1992) 535....... High Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposit..

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....nd academic association with Dr. Zillur Rahman Khan, Professor of Political Science, in the University of Oshkosh, Wisconsin, USA. He along with Dr. Zillur Rahman Khan wrote two books on Constitution published both in English as well as Bengali. The First Book was titled as "Constitution and Constit......r Rahman Khan J.- This application under section 491 CrPC having been filed a Rule was obtained by Pearu Md. Ferdous Alam Khan, the brother of the detenu Serajul Alam Khan who has been detained by an order of the respondent No.1 signed by the respondent No.2 Assistant Secretary, Ministry of Home Aff......n advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603....... Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Habibur Rahman Khan J Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. ..

Category: Criminal Law | Date: | Hits: 156

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ...... Hajee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ash­raf Ali and others, 30 DLR ......The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ash­raf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advocates ‑For the Petitioner. No one ‑ For the Opposite Parties. Civil Re......s also Reported in: 44 DLR (HCD) (1992) 601. ..

Category: Civil Law | Date: | Hits: 166

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......by the learned Additional District Judge in Title Appeal No.323 of 1969 is hereby set aside and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... the sale deed executed and registered by Roushan Ali in favour of his step‑brothers Azibar Ali and Akbar Ali Vide Ext. ‘A’ is an inactive and inoperative document inasmuch as no consideration money passed and as such the sale deed Ext. 'A' was not acted upon and that Roushan Ali continued to ..

Category: Property Law | Date: | Hits: 122

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......oner. That means the Additional District Judge upheld the election of opposite party No.1 as declared by the Returning Officer and approved by the Election Commission. It is against this judgment and order of the First Court of Additional District Judge that this revision has been preferred and the ......6, 1991. Result: The Rule is made absolute. Lawyers Involved: Md. Ozair Farooq with Sadiqur Nahar Papri and Md. Serajul Islam, Advocates ‑ For the Petitioner. Shahabuddin Faiz. Advocate For the Opposite Party No.1. Civil Revision No. 472 of 1990. Judgment ......so Reported in: 44 DLR (HCD) (1992) 595. ..

Category: Election Law | Date: | Hits: 240

Abdul Aziz Vs. State, 1990, 29 CLC (HCD)

.... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar p...... Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..

Category: Criminal Law | Date: | Hits: 110

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......said opposite parties along with other employees of the banks went on strike on and from 10th September, 1981, but the Assistant General Manager of the Pubali Bank, Regional Office, Mymensingh issued orders on 22nd September, 1981 terminating their employment. In the circumstances they brought two s...... Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Result: The rules are made absolute. Cases Referred to- Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhan......4 DLR (HCD) (1992) 589...

Category: Labour and Industrial Law | Date: | Hits: 176

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......Abul Kalam Azad .But Abul Kalam Azad used to torture her. He used to drink wine and was addicted to gambling but her Khala protested, as such, she was beaten by accused Kalam. Thereafter her Khala in order to save her life divorced Abul Kalam Azad by herself. The accused thereafter threatened them f...... shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......n: 48 DLR (HCD) (1996) 103. ..

Category: Criminal Law | Date: | Hits: 125

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......isal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and comprehensive power under section 561A of the Code of Criminal Procedure to pass any orders or order either on an application or suo motu “to prevent abuse of the process of any Court......it but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......orted in: 48 DLR (HCD) (1996) 102. ..

Category: Procedural Law | Date: | Hits: 140

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

.... elapsed since the holding of the preceding annual general meeting making it impracticable to hold the adjourned meeting or lay the balance sheet. 4. The presentation of this application was also published in the national dailies and in the Bangladesh Gazette. No one has come forward to oppose t......r, 1995 and lay before it the accounts for the year ending 1993. 7. The company is directed to contribute Taka 5000.00 to Diabetes Association, Shahbag, Dhaka within one month from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne b...... same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......Stock Companies and Firms ..................Respondent Judgment November 23, 1995. Result: The application is allowed. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the petitioner. Matter No. 34 of 1995. Judgment Mainur Reza Chowdhury J.- This is an application unde..

Category: Company Law | Date: | Hits: 358