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National Engineers Ltd. Vs. Director, Military Lands and Cantonment Directorate and others, 1991, 20 CLC (HCD)

....nd was placed under the management of the Bangladesh Steel and Engineering Corporation. Pursuant to the decision of the Government of Bangladesh to disinvest M/s Drums Metal Ltd. an advertisement was published in the newspaper on June 20, 1976 for the sale of the said industrial undertaking in aucti......‑ For the Respondents. Writ Petition No.1215 of 1988. Judgment AM Mahmudur Rahman J.‑ By this Rule issued under Article 102 of our Constitution the petitioner asks us to declare that the order dated 15.6.1988 as contained in Memo. No. 6/ML & C/MEO/40‑3/Sha‑3/70, Annexure‑A, is......ischarged. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 144. ......Judgment here. Supreme Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahmudul Amin Choudhury J National Engineers Ltd.…………Petitioner Vs. Director, Military Lands and Cantonment Directorate and others ……..Respondents ..

Category: Property Law | Date: | Hits: 92

Taslimuddin alias Tasir and others Vs. State, 1991, 20 CLC (HCD)

....lias Tasir, Nawshad Ali, Mafazzal Hossain and Abdus Salam be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 136.......n Sessions Case No.48 of 1987. The condemned prisoners have also filed an appeal bearing Criminal Appeal No.209 of 1988 renumbered as Criminal Appeal No.760 of 1991 against the aforesaid judgment and order of conviction and sentence passed by the learned Sessions Judge. Both the reference and the ap......Case is also Reported in: 44 DLR (HCD) (1992) 136.......urt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Marman J Taslimuddin alias Tasir and 3 Others....................Condemned Prisoners Appellants. Vs. State ……………….… Respondent. Judgment November 13, 199..

Category: Criminal Law | Date: | Hits: 76

A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)

....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......y No.1. Civil Revsion No.2322 of 1990. Judgment Anwarul Haque Chowdhury J.- This rule arises out of an application under section 115 of the Code of Civil Procedure and is directed against an order dated 2.9.90 passed by the Subordinate Judge, 2nd Court, Chittagong in Money Suit No. 32 of 19......en (1914) Chancery Division, 904; Shikharchand Vs. Mst. Bari Bai, AIR 1974 (Madhya Pradesh), 75; Kassamali Afibhoy Vs. Shaikh Abdul Sattar, PLD 1966 (WP), Karachi, 75; Wazedunnessa Khatun Vs. Daliluddinand others; 25 DLR 418. Lawyers Involved: Rokanuddin Mahmud with Murad Reza, Advocate‑For ......31...

Category: Civil Law | Date: | Hits: 104

Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)

....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......arance and contesting the suit. It further appears from the material on records that upon an application filed by the plaintiff the cargo was destroyed during the pendency of the suit pursuant to the order passed by this Court. 12. It appears that the plaintiff brought the suit under the provisio......e plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ...... mentioning a sentence that the plaintiff carrier on business of ship­ping, nowhere in the four corners of the plaint the status of the plaintiff as carrier of the disputed consignment has been mentioned and therefore, this suit is not maintainable in this Admiralty Court. 5. The learned Advocat..

Category: Admiralty Law or Maritime Law | Date: | Hits: 202

Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)

....e. 22. She further refers sub-section (3) of the section 92 of the SAT Act which runs thus: "(3) Before entering on a holding under subsection (2) the Revenue Officer shall cause a notice to be published in the prescribed manner declaring his intention to so enter on the holding and specifying......dence. I find no illegality in the impugned judgment to call for any interference by this Court exercising revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (201......Aziz............... ………………………………..........Opposite Party Judgment March 22, 2011. Cases Referred To- Khandaker Mobarak All Vs. Jahanara Begum, 1 ADC (2004) 401; Jinnatunnessa Vs. Bangladesh 48 DLR 208; Abul Hossain Vs. Amjad Hossain, 62 DLR (AD) 436; Hridoy Ranj......LC (2011) 897...

Category: Procedural Law | Date: | Hits: 72

Ruhul Amin & others Vs. State, 2011, 40 CLC (HCD)

.... is discharged. The order of stay granted earlier by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......-General—For the Opposite Party. Criminal Revision No.1100 of 1993. Judgment Syed Md Ziaul Karim J.- By this Rule, the accused petitioners have challenged the legality and propriety of the order of framing charge dated 10-7-1993 against them under sections 3, 4 of the Explosive Substances......er by this Court stands vacated. Office is directed to communicate the judgment and order at once. This Case is also Reported in: 16 BLC (2011) 896.......igh Court Division (Criminal Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J ANM Bashir Ullah J Ruhul Amin & others……………………………………..Accused-Petitioners Vs. State.....................................................Opposite-Party Judgment..

Category: Criminal Law | Date: | Hits: 71

Kazi Rokanuddin Ahmed and others Vs. Chairman, 1st Labour Court and others, 2011, 40 CLC (HCD)

....Bangladesh Labour Law (Criminal) Case No. 370 of 2010 is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......ords, including written objection and other documents took cognizance of the case and issued summons against the petitioners on 28-12-2010. 6. Being aggrieved by and dissatisfied with the impugned order the petitioners moved this Court under Article 102 of the Constitution and obtained the presen......s hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 16 BLC (2011) 892. ......11) 892. ..

Category: Labour and Industrial Law | Date: | Hits: 156

Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)

.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......10, 7626/2010 and 7627/2010 are taken up for hearing and disposal by this single judgment. 2. Rule Nisi was issued calling upon the respondents to show cause as to why it impugned the judgment and order dated 22-7-2010 passed by the respondent No.1, Chair­man, Labour Appellate Tribunal, Dhaka, i......out lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Abdul Awal J M Moazzam Husain J Iqbal Hossain and six others.......................................Petitioner Vs. Chairman, Labour Appellate Tribunal and Others..............Respondents Judgment ..

Category: Labour and Industrial Law | Date: | Hits: 161

Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)

....discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ......e party, 0.71 1/3 acre in favour of the defendant petitioners, 1 acre in favour of the heirs of defendant No. 20 and the rest among other defendants. In the result, the Rule discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court ......tioners Vs. Alekjan Bewa & others..............................Opposite Parties Judgment March 23, 2009. Lawyers Involved: Zahedul Bari, Advocate-For Petitioners. Md. Alauddin Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 2967 of 2003. Judgment Md. ......BLC (2011) 888. ..

Category: Property Law | Date: | Hits: 72

Afrin Akter Vs. Bangladesh and other, 2011, 40 CLC (HCD)

....zilla-Nazirput District-Pirojpur and to that effect the Chairman of the Local Union Parishad namely Mativanga Union Parishad has issued the certificate (Annexure-B). On 21-6-2009, the Director Health published advertisement inviting application for the competent candidate for the post of Health Assi......etitioner having failed to enjoy the privilege given by the Government in spite of being qualified in all respects has filed this writ petition and obtained the Rule and stay. 9. On perusal of the order sheet of this Court, it appears the rule has been served upon the respondents but no affidavit......-Pirojpur and the concerned Officer of Upazilla-Najirpur, District-Pirojpur at once. Ed. This Case is also Reported in: 16 BLC (2011) 884. ......High Court Division (Special Original Jurisdiction) Present: Md. Mamtaz Uddin Ahmed J Gobinda Chandra Tagore J Afrin Akter……………………………....................Petitioner Vs. Bangladesh and other............................Respondents Judgment January 18..

Category: Employment/Service Law | Date: | Hits: 91

Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)

....pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ...... Abdul Basel Majumder, Senior Advocate Instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellant. Ex-parte— the Respondents. Criminal Appeal No.41 of 2003. (From the judgment and order dated 5-2-2002 passed by the High Court Division in Contempt Petition No.3 of 2001.) Judgme......of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......ion of the register of Trade Mark by removing the registered Trade Mark No.C-5707 in Class-29 therefrom. 3. The relevant facts necessary for disposal of this appeal are as follows:— The petitioner of Trade Mark Application No.1 of 2001 is the owner of Trade Mark Nos.29058 and 29059 in Class-..

Category: Intellectual Property Law | Date: | Hits: 270

Nasir Uddin Vs. State, represented by the Deputy Commis­sioner, Narayanganj, 2011, 40 CLC (AD)

....e High Court Division suffers from no illegality or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......dvocate instructed by AKM Shahidul Huq, Advocate-on-Record-For the Petitioner. Not represented—the Respondent. Criminal Petition for Leave to Appeal No. 405 of 2009. (From the judgment and order dated 12-8-2009 passed by the High Court Division in Criminal Appeal No. 4850 of 2005) Judg......ity or impropriety and, as such, this crimi­nal petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 1. ......ul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman All J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Nasir Uddin.............................................Petitioner Vs. State, represented by the Deputy Commis­sioner, Narayanganj ..........Respondent ..

Category: Criminal Law | Date: | Hits: 64

Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ......ondent No.2, the Artha Rin Adalat No.4, Dhaka in Artha Rin Case No.153 of 2009 should not be declared to have been passed without any lawful authority and is of no legal effect and/or such or further order or orders passed as to this court may seem fit and proper.” 2. By the Rule issuing order ...... judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ...... Court Division (Special Original Jurisdiction) Present: Md. Emdadul Huq J Md. Abu Zafor Siddique J Mr. Md. Enayetur Rahman and others………………………………………petitioners Vs. The Government of People’s Republic of Bangladesh and others…………Respondent..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....on of accused-Ashraf Ali, in absence of any other direct evidence. 65. The learned State defence lawyer submits that notification as per provision of section 339B(1) of Code of Criminal Procedure published in Daily Ajker Kagoj News Paper is defective one as the police station case number had wro......ns. In the instant case although charge sheet was submitted against nine persons but 4 (four) accused persons of them have filed two separate Criminal Revision before this Court and obtained rule and order of stay and eventually the present convicts were put on trial before the learned Judge, Druta ......he lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ......al Code passed on 05.07.2005 in Druta Bichar Tribunal Case No.16 of 2005 arising out of G.R. No.170 of 2003 corresponding to Naldanga (Nator) Police Station Case No.03 dated 05.04.2003. Condemned-Prisoner Ashraf Ali, Ataur Rahman and Ashraf alias Raja have also preferred Criminal Appeal No.3243 of 2..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......vocate ‑ For the Appellants. AQ Rashid Ahmed, Advocate ‑ For the State. Criminal Appeal No. 1624 of 1992. Judgment Mahfuzur Rahman J.- This appeal is directed against the judgment and order passed by Additional Sessions Judge, 2nd Court and Anti­ Smuggling Court, Comilla on 11.10.92......ed appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......a Town and raided the house named 'Lutfa House'. Thereafter the informant along with Battalion Commander, Magistrate and others on search recovered Bangladeshi Taka amounting to 13,95,798.00. Indian money amounting to Rupees 1,124.00 from a steel almirah and also 2 gold bars bearing mark 24 carat go..

Category: Criminal Law | Date: | Hits: 75

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520....... of the Constitution, the petitioner has challenged a decision of the Additional Deputy Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitioner's application for a certified copy of the order passed in a proceeding under Article 15 of PO 16 of 1972 relating to a house at holding No. 8/......he aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......3) 520...

Category: Property Law | Date: | Hits: 65

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

....acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......s. Civil Revision No. 1346 of 1992. Judgment Mahfuzur Rahman J.- This rule under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff arises out of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Miscellaneous Appeal No.19 of 1991 dismissing......eported in: 45 DLR (HCD) (1993) 517.......This Case is also Reported in: 45 DLR (HCD) (1993) 517...

Category: Procedural Law | Date: | Hits: 68

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ...... Ahmed Nurar Reza with Mirza Hussain Haider, Advocates ‑ For the Respondent. Appeal from Original Order No.2 of 1988. Judgment Mainur Reza Chowdhury J.- This appeal is directed against an order of grant of letter of Administration in favour of the Administrator General by the District Ju......e. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......rected against an order of grant of letter of Administration in favour of the Administrator General by the District Judge, Manikganj on 10.6.87 in Trust Act Case No.1 of 1986. 2. The case of petitioner in short is that: On the death of Hemendra Lal Roy Chowdhury, the only childless son of late..

Category: Trust/Waqf Law | Date: | Hits: 183

Bangladesh Service Limited Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka, 1992, 21 CLC (HCD)

....answer the question Nos. 4 and 5 in the affirmative and against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ....... Judgment AM Mahmudur Rahman J.- In this applica­tion under section 160(1) of the Income Tax Ordi­nance, 1984 the assessee has raised as many as five questions said to have arisen out of the order of the Taxes Appellate Tribunal relating to assessment year 1973‑74 for our decision. Questi...... against the assessee. The parties are left to bear their respective costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 510. ......: AM Mahmudur Rahman J Syed JR Mudassir Hosain J Bangladesh Service Limited having its office at Dhaka Sheraton Hotel, 1 Minto Road, Dhaka…………………Applicant Vs. The Commissioner of Taxes, Dhaka (North) Zone, Dhaka....................Respondent Judgment March 31, 1992..

Category: Fiscal/Taxation Law | Date: | Hits: 139

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... Respondent No.2. Abdul Wadud Bhuiyan, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the added Respondents. Criminal Appeal No. 43 of 2009. (From the judgment and order dated 30th January, 2008 passed by the High Court Division in Criminal Miscellaneous Case No.4......of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ...... in Criminal Miscellaneous Case No. 4296 of 2006 making the Rule absolute arising out of G.R. Case No. 393 of 2005 corresponding to Kotwali Police Station Case No.16 (6)2005, under section 13 of the Money Laundering Prevention Act, 2002, now pending in the Court of Chief Metropolitan Magistrate, Chi..

Category: Criminal Law | Date: | Hits: 83