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Anwar Hossain Vs. Election Commission of Bangladesh and others, 2001, 30 CLC (HCD)
....02 of the Constitution of the People’s Republic of Bangladesh Was issued calling upon respondents to show cause why the notice being No. Election Commission/Law/Sangsad/Dispute/2O/(1)/96(Part-1)/20 dated 29-3-2000 purporting to ask the petitioner to submit his written statement under section 4 of ......Parliament. Jatiya Party acting through its acting Chairman, Mizanur Rahman Chowdhury and the petitioner as its secretary general at the relevant time informed the President of the Republic about its decision by letter dated 17-6-1996 to support Awami League to form the Government as the single larg..Category: Constitutional Law | Date: | Hits: 196
....ion No. 59 of 1994.
Judgment
SAN Mominur Rahman J.- In this Rule respondents were directed to show cause why the proposed eviction scheduled for 5-1-94 from the land as mentioned in the letter dated 3-1-94 (Annexure-A) to the writ petition should not be declared to be without lawful authority......ndamental policies of the State which is being implemented by enforcing fundamental right guaranteed by Article 32 of the Constitution. In support of his contention the learned Advocate referred to a decision of this Court in the case of Ain-o-Salish Kendro and other Vs. Government of Bangladesh and..
Category: Property Law | Date: | Hits: 97
Abdur Razzaque Mollah Vs. Md. Qayum Mollah & others, 2001, 30 CLC (HCD)
....petitioner was issued calling upon the opposites to show cause as to why the impugned judgment and decree so far it relates to remand of the case for fresh trial passed in Title Appeal No.168 of 1996 dated 28th June, 1998 and the decree signed on 2nd July, 1998 by the learned Additional District Jud...... by the rest of opposite parties. 9. Mr. KS Nabi, the learned Advocate submits that the impugned judgment and decree of remand for fresh trial of the suit by the appellate Court is an error in the decision occasioning failure of justice since the appellate Court has by the order acted contrary to..Category: Civil Law | Date: | Hits: 71
Shuinya @ Suruj Ali Vs. State, 2000, 29 CLC (HCD)
....iminal Miscellaneous Case No. 294 of 2000. Judgment Md. Hamidul Hoque J.- By this Rule, the opposite party was called upon to show cause as to why the judgment, order of conviction and sentence dated 6-9-99 passed by the Special Tribunal No.5, Kishoregonj in Special Tribunal Case No.16 of 1998...... Rule as to whether a knife and kiris come within the definition of arms as given in section 4 of the Arms Act. In this connection, we have considered some old cases (though we have searched for some decisions of recent time but did not find any) of the Superior Courts of India and Pakistan such as ..Category: Criminal Law | Date: | Hits: 40
Government of Bangladesh Vs. ASM Ferojuddin Bhuiyan, 2000, 29 CLC (HCD)
....l Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon a Rule was issued calling upon the opposite party to show cause as to why judgment and decree dated 26-1-1998 passed by learned Additional District Judge, Second Court, Dhaka in Title Appeal No.......r possession of the same in favour of Executive Engineer, City Building Division, P.W.D within 30 days of the receipt of letter, Plaintiff, thereafter, requested Government for reconsideration of its decision. Government at the request of plaintiff reconsidered its decision and allowed plaintiff to ..Category: Property Law | Date: | Hits: 83
....s. Republic of Bangladesh was issued at the instance of Md. Nazrul Islam and another, calling upon the Government of Bangladesh and others to show cause as to why the Memo No.MC (AP) 7(17)/Fin/82/313 dated 23-12-1997, should not be declared to be declared to be void and without lawful authority and ......ry, Ministry of Commerce, Government of Bangladesh, for taking necessary action in accordance with law against the delinquent officers.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 519...
Category: Others | Date: | Hits: 96
Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)
....l Islam, Advocate — For Respondent No.1. Appeal from Original Order No. 75 of 1984 with Civil Rule No. 205 (fm) of 1984. Judgment Ranadhir Sen J.- This appeal is directed against the order dated 11-4-84 of the learned Subordinate Judge refusing a prayer for temporary injunction in mandato......unning the industry in a developing country like Bangladesh. We have noticed that the plaintiff’s unit was earlier operated by electricity. It had to convert the system from electricity to gas. The decision in the case of Abdul Barek Mia and others Vs. ABM Serajul Islam (20 DLR 508) does not help ..Category: Others | Date: | Hits: 132
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....n question of law is involved in all these references, they were heard together and are being disposed of by this judgment. 2. Reference Application No.222 of 1991 arises out of Judgment and order dated 25-10-1990 passed in ITA No.1172 of 1983-84 (Assessment year 1979-80) by the Taxes Appellate T......ocate for the petitioner did not press that. 7. In the other set of reference applications i.e. in Reference Application Nos.222-223 of 1991 the following common questions have been framed for our decision: (i) Whether on the facts and in the circumstances of the case the Taxes Appellate Tribu..Category: Fiscal/Taxation Law | Date: | Hits: 86
....oque J. - This Rule was issued 3-11-94 at the instance of the petitioner Mr. Ruhul Amin, Managing Director KR Fashion International Limited calling upon the respondents to show cause as to why letter dated 10-10-94 Annexure ‘A’ issued by the respondent No.1 should not be declared to have been pa......the corporation which reserved full power to reject any offer, and no agreement was concluded with him.” In the case of Shafique Ahmed Vs. Chairman BCIC 45 DIR 95 High Court Division relying on the decisions of the Appellate Division in the case of UK Salsabil Vs. Shama Corporation reported in 37 ..
Category: Property Law | Date: | Hits: 102
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
.... 5. In that state of affairs it has been alleged that on 5-1-96 absconding accused Faruk Thakur having threatened the darwan Shah Alam of that house a relation of the said house made GD Entry No.414 dated 7-1-96 with Gulshan police has further been alleged in the FIR that at about 10.00 PM on 7-1-9......he order revision but considering the claim of the bail of the petitioners in exercise of power under section 498 of the Code of Criminal Procedure. Learned Advocate for the petitioners relied on the decisions reported in 17 DLR (SC) 624, 35 DLR 167, 33 DLR 77, 40 DLR 507 and CrLJ 1981 page 229, in ..Category: Criminal Law | Date: | Hits: 33
Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)
.... the Appellant (In Criminal Appeal No. 1406 of 1993). Criminal Appeal No.1406, 1433 and 1440 of 1993 Judgment Gour Gopal Saha J. - These appeals are directed against the judgment and order dated 14-7-1993 passed by the Divisional Special Judge, Rajshahi Division, Rajshahi in Special Case ...... point for determination in this appeal is, whether the learned Special Judge was justified in convicting and sentencing the accused appellants on the basis of the evidence on record. Findings and decision: 9. For appreciating the points raised by the contending parties it will be convenient f..Category: Criminal Law | Date: | Hits: 104
Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)
....004. Judgment Md. Abdur Rashid J.- Defendant Nos. 1 and 2 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against the judgment and order dated 7-4-2004 passed by Second Court of Additional District Judge at Dhaka dismissing Miscellaneous......pal to undo the termination and compel to do what it is not legally bound to do. 20. The trial Court found the termination of the agency was not valid. Very good. The appellate Court affirmed such decision for reasons we failed to decipher. What would be the consequence of such invalid terminatio..Category: Civil Law | Date: | Hits: 148
Atar Ali Sheikh (Md) & another Vs. Md Karam Ali Sheikh & others, 2003, 32 CLC (HCD)
.... Garib Newaz, Advocate—For Opposite Party Nos. 1 to 8 and 30. Civil Revision No. 2808 of 2002. Judgment Md. Abdur Rashid J.- The plaintiffs obtained the Rule against judgment and decree dated 30-4-02 passed by the District Judge at Rajbari in Title Appeal No. 162 of 2001 reversing thos......ose 5 plots, which the District Judge correctly found as unreasonable and accordingly, set aside, which occasioned no failure of justice. 9. In support of his submission, Mr. Nawaz relied upon the decisions in the case of Md. Sadiq vs. Basgit Sah and others, AIR 1926 (Patna) 159; Thottamma vs. CS..Category: Property Law | Date: | Hits: 70
Syed Abdul Alim alias Lalu Vs. DC, Dhaka and others, 2005, 34 CLC (HCD)
....e petitioner, Syed Abdul Alim alias Lalu, who has presently been languishing in a condemned cell in the Dhaka Central Jail ever since his arrest on 5-7-99, challenging the impugned judgment and order dated 23-6-85 passed by the Special Martial Law Court No. 1, Dhaka in ML Case No. 2 of 1985 convicti......osts. The petitioner (condemned prisoner) be set at liberty at once if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 74. ..Category: Criminal Law | Date: | Hits: 52
Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)
....m Khair and Faisal Mahmud Faijee, Advocates—For the Respondents. First Appeal No. 595 of 1999. Judgment Md. Abdur Rashid J.- Defendant No.1 presented the appeal against judgment and decree dated 28-9- 99 passed by Subordinate Judge, Court No.1 at Chittagong in Other Suit No. 42 of 1998, w......the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ..Category: Property Law | Date: | Hits: 71
Shamsul Haque Vs. Luna Fahmida Rahman and others, 2004, 33 CLC (HCD)
....handra Das Gupta and said Korfa tenancy was finally recorded in CS Khatian No. 124/20 in the name of Jadunath Sarker. While they were thus in possession by a registered deed of sale being No. 1612/38 dated 10-8-38 they transferred 12 decimals out of said 36 decimals of land to one Swadesh Ranjan Sar......since then been possessing the suit land as his own property. His nieces Luna and Dana have got no interest or possession in the suit property. 40. So, the fate of the cases hinges squarely on the decision first as to whether or not the sale deed dated 13-12-67 was a 'Benami' transaction. 41. ..Category: Property Law | Date: | Hits: 139
Rupali Bank Ltd. and others Vs. Chairman, First Labour Court and others, 2005, 34 CLC (HCD)
.... referred the matters to the Hon'ble Chief Justice for necessary order constituting a Full Bench with a view to resolving the conflict in the decision. Accordingly, the Hon'ble Chief Justice by order dated 29-4-2004 constituted this Full Bench to resolve this conflict. Since all these 9 Rules involv...... Writ Petition Nos. 2605, 1741, 1740, 2034, 2035 of 2002, 3580 of 2001, 2128 of 2000 and 3012, 1390 of 2002. Judgment Md. Joynul Abedin J.- These 9 Rules Nisi were issued against the impugned decisions passed by the First Labour Court, Dhaka in 9 different labour cases treating the responden..Category: Employment/Service Law | Date: | Hits: 85
State Vs. Mukul @ Swapan, 2004, 33 CLC (HCD)
....informant PW 1, Sub-Inspector Md. Obaidur Rahman along with Sub-Inspector Abdul Bari, Sub-Inspector Amzad Hossain (deceased), and 3 constables being PWs 5-7 on the basis of Singra PS GD Entry No. 501 dated 13-5-2002 as per direction of the Officer in-Charge, Singra Police Station, Natore came out fo......1 and village police PWs 2-4 are witnesses in this case and they have allegedly seen the occurrence with their own eyes and corroborated each other on material particulars and further, relying on the decision in the case of Mahmudul Islam @ Ratan vs State, reported in 53 DLR (AD) 1, submits that the..Category: Criminal Law | Date: | Hits: 49
Abu Taher Vs. State, 2005, 34 CLC (HCD)
....80 of 1997. Judgment AKM Fazlur Rahman J.- Criminal Appeal No. 2153 of 1997 and Jail Appeal No. 1880 of 1997 preferred by the appellant Abu Taher Kha are directed against the judgment and order dated 31-12-1988 passed by the Additional Sessions Judge, Pirojpur in Sessions Case No. 32 of 1987 c......ted in any other case. Send down the lower Court's records at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in : 58 DLR (2006) 34. ..Category: Criminal Law | Date: | Hits: 41
Sultan Uddin Ahmed Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....in Writ Petition No. 3763 of 2005 and Sultan Uddin Ahmed in Writ Petition No. 3762 of 2005 obtained Rule Nisi by challenging the circular issued under Memo No. Shakha 1(91)/ 2003 2006/Khanda 3/3526/1 dated 12-2-2005 issued by the respondent No. 3 calling upon the respondents to show cause as to why ......l machineries and to release the same within 7 days from the date of receipt of this judgment. However, there shall be no order as to cost. Ed. This Case is also Reported in: 58 DLR (2006) 31. ..Category: Business or Commercial Law | Date: | Hits: 234
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