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SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......s instructed by the Anti-Corruption Commission to investigate the matter. 8. We have heard the learned Advocates of both the sides and perused the application. 9. In appears from the impugned order that the Court below has seen the CD and became sure about the transaction. Mr. Md. Khurshid A......the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J SM Sabbir Hasan (in Custody)………………….Accused-Petitioner Vs. State ……………………Opposite Party Judgment March 14, 2011. Resu..Category: Criminal Law | Date: | Hits: 111
Commissioner of Customs, Chittagong Vs. Tectonics and others, 2010, 39 CLC (HCD)
....al. Accordingly, we find no merit in this rule and the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ......oms, Chittagong, a rule was issued calling upon the respondents to show cause as to why the delay of 314 days in presenting the Customs appeal should not be condoned and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The respondents imported some motor ......the rule is thus discharged without cost. Thus, the Customs Appeal is dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 367. ....... This Case is also Reported in: 63 DLR (HCD) (2011) 367. ..Category: Procedural Law | Date: | Hits: 111
....t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......intiff of the suit.
2. The appellant as plaintiff on 8-4-2007 instituted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 terminating the plaintiff from the service of the defendant No.1. Bank from t......1) 359.
......able in law.
It conceives a private individual serving another private individual or body for mutual private benefits and the relationship does not involve any element other than the contractual one. In such a case, the employee is interested only in his remuneration which can be measured sol..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....led Artha Jari Case No.214 of 2007 on the basis of the preliminary decree signed on 23-2-2004 before the Adalat prior to drawing up of the final decree and the learned Judge of the Adalat directed to publish the auction sale notice by order dated 29-11-2007 in the daily newspaper under section 33(1)......hallenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up final decree as well as Order No.4 dated 29-11-2007 for issuance of sale proclamation without passing order of sale as required under Order XXI, rule 64 of the Code of Civil Procedure and the successive......he Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......3 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
.... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......was serving as Naib Subedar in the same outpost on 1.1.86.
3. Their common case is that on 1.1.86 at about 10 P.M. the respondent No.3, the Sector Commander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said responden...... petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459.......e Court
High Court Division
(Dhaka Bench)
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
Nurul Huque Bhuiyan J
Md. Fazlur Rahman & others…………………Petitioners
Vs.
Government of the People's Republic of Bangladesh represented by the Secretary, Mi..
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ectors for realisation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of the said Oil Mill. T......ct. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......e Court High Court Division (Dhaka Bench) (Criminal Appellate Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Anwar Ali.......................................Petitioner Vs. State...............................................Opposite Party Judgment Au..Category: Criminal Law | Date: | Hits: 108
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......g failure of justice. In such view of the matter the impugned judgment and decree cannot be sustained in law and are liable to be set aside. 9. In the result, the Rule is made absolute without any order as to costs. The impugned judgment and decree passed by the learned Subordinate Judge, Bargu......aintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447....... (1989) 447...Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Hoque Chowdhury J.- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, Dhaka in......ase is also Reported in: 41 DLR (HCD) (1989) 441.......9) 441...Category: Property Law | Date: | Hits: 88
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
.....H.A.16/A-l 1/80-1987 dated 8.9.87; cancelling the earlier Notification dated 2.4.86 and making certain modifications as regards the urban areas. According to the subsequent Notification dated 8.9.87 published under section 3(1) of the Pourashava Ordinance, 1977 (hereinafter referred to as Pourashav......mplied with those urban areas cannot be included in the Sylhet Pourashava and the residents of those areas will elect their representatives under the Union Parishads Ordinance as before. 7. In order to consider the first submission of Mr. Hannan let us quote the relevant provisions of Pourash......d the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132.......eme Court High Court Division (Dhaka) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Developm..Category: Property Law | Date: | Hits: 108
....lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......
Mustafa Kamal J. - These 3 appeals under Clause 15 of the Letters Patent, 1865 have been heard together and will be disposed of by this common judgment as they arise out of the same judgment and order passed by a Single Judge of this Division.
2. Consequent upon a fire which broke out on t......and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......tor on 19.12.69 a Rule of the Court under section 17 of the Arbitration Act with two m6difications under section 15 of the Arbitration Act.
4. The sole Arbitrator in paragraph 12 and the last but one sub-paragraph of paragraph 31 of the award assumed that the fire admittedly broke out due to an ..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......minal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sentence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in S......acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......idnapping are coextensive and there can be no conviction for both the offences. If abduction is followed by murder no charge can be framed under section 364 of the Penal Code and the charge must be one under sections 302/109 or for murder pure and simple. In the present case the allegations are..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... of fact and no illegality appears to have been committed by the learned Court of appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......r as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......5...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
.... of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section 5 of the Ordinance LIX of 1982 by Ordinance No.XXV of 1985 published in official Gazette on 21.5.85 and accordingly the term of office of the petitioner has ......uty Attorney General—For the Respondent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co......s of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......High Court Division (Rangpur Bench) (Special Original Jurisdiction) Present: Syed Misbahuddin Hossain J Habibur Rahman Khan J Emdadul Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, ..Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......aw. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Court issued a suo motu Rule on the petitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the ......any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Latifur Rahman J AM Mahmudur Rahman J Jalaluddin.........................................Petitioner Vs. Mrs. Bilkis Rahman & State...............Opposite Party Judgment July 10, ..Category: Criminal Law | Date: | Hits: 101
Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)
.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......the Opposite Party No.1. Civil Revision No.232 of 1989. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshin......- Bristol South-East Parliamentary Election, (1961) 3 A E L R 354; Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advocates— For the Petitioner. Rafiqur Rahman with Tofailur Rahman, Advocates—For...... 42 DLR (HD) (1990) 105. ..Category: Election Law | Date: | Hits: 187
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 26.12.85 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appe......l Islam with Abdur Razzaq, Advocates—For the Petitioner. Mohammadullah, Advocate—For the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dat.........Category: Business or Commercial Law | Date: | Hits: 282
Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)
....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......ssed by the Senior Assistant Secretary of the Ministry of Home Affairs was served upon the detenu purporting to detain him for three months under section 3(1) (a) of the Special Powers Act, 1974 in order to prevent him from acting against the economic or financial interest of the State. On 28.8.......e Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......R (HD) (1990) 98. ..Category: Criminal Law | Date: | Hits: 107
Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)
....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......er proceedings of the Special Tribunal No.8 of 1987 pending in the Court of Special Tribunal Case No.2, Bogra should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lod......ogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......Division (Rangpur Bench) (Criminal Revisional Jurisdiction) Present: Syed Misbahuddin Hossain J Habibur Rahman Khan J Chand Miah & Others................................Petitioner Vs. The State, Represented by Deputy Commissioner, Bogra............Opposite Party J..Category: Procedural Law | Date: | Hits: 112
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......tion as was in the year 1984 as if the suit has been filed afresh there and shall proceed in accordance with law. In the result the Rule is disposed of with the above observations. Communicate the order at once. Send down the lower Court records. Since it is an old case of 1984 the trial Court......CD) (1996) 164. ......o Reported in: 48 DLR (HCD) (1996) 164. ..Category: Property Law | Date: | Hits: 96
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......filing written statement contending, inter alia that the suit was barred by limitation. The property has been vested in the government as an abandoned property within the meaning of the President’s order No.16 of 972, as such, the, plaintiffs suit is barred under Articles 14(c), 23 and 24 of the s...... down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......(Civil Revisional Jurisdiction) Present: Syed JR Mudassir Husain J Government of Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development................Petitioner Vs. Israt Jahan Kazal ............Opposite Party Judgment February 8, 1995. Resu..Category: Property Law | Date: | Hits: 107
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