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State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

....ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......cates-For the respondents. Govt. Criminal Appeal No.24 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No......unal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......ion 409/109 of the Penal Code read with section 5(2) of the Prevention of the Corruption Act, 1947. Two Inspectors of the then Bureau of Anti-Corruption successively investigated the case and finally one of them submitted charge sheet on 22.1.2003 against the respondents under sections 409/467/468/1..

Category: Criminal Law | Date: | Hits: 86

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. .......11.90 calling upon the Deputy Commissioner, Noakhali District to show cause as to why the victim girl should not be handed over to the custody of her father, the petitioner, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing Rule a directio......rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......3) 197. ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......f 1991. Judgment Anwarul Hoque Chowdhury J.- This rule arises out of an application under Article 102(2) of the Constitution of the People's Republic of Bangladesh and is directed against an order containing in Memo No.RTU (195) 91 406 dated 25.5.91 passed by the Registrar of Trade Union, G......ind no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......(1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)

.... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ...... the DCT had jurisdiction to assess the applicant for the assessment year 1971‑72. (ii) Whether in the facts and circumstances of the case the Tribunal was legally justified in setting aside the order of annulment of the AJCT and maintaining the order of assessment passed by the DCT". 2. The...... Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ......Court Division (Special Statutory Jurisdiction) Present: AM Mahmudur Rahman J Syed JR Mudassir Husain J Philips Electrical Company Ltd..................Applicant Vs. The Commissioner of Taxes (South) Zone, Dhaka......................Respondent Judgment July 15, 1992. C..

Category: Fiscal/Taxation Law | Date: | Hits: 109

State Vs. Dipu Mondal, 2010, 39 CLC (AD)

.... a, District-Rajbari in connection with the case and to admit him on bail to his satis­faction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ttorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) Orde......ase and to admit him on bail to his satis­faction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ...... Appellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State .....................................................Petitioner Vs. Dipu Mondal ...................................................Respondent Order ..

Category: Procedural Law | Date: | Hits: 81

Firoz Ali and others Vs. State, 2010, 39 CLC (AD)

....­eration. Leave is, therefore, granted on the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......ocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the High Court Division in Criminal Appeal No.1874 of 1999.) Orde...... the addi­tional grounds. Preparation of the paper book is dis­pensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......m CJ Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Firoz Ali and others……………………..........Petitioners Vs. The State ……………………………………………..Respondent Order ..

Category: Criminal Law | Date: | Hits: 71

Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)

....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......Salek, Senior Advocate instructed by Md.Ibrahim Klialil, Advocate-on-Record-For the Petitioner Not represented-the Respondents. Criminal Review Petition No.26 of 2009. (From the judgment and order dated 03.08.2008 passed by this Division in Criminal Appeal No.28 of 2000 allowing the appeal ......iew of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261.......n CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Nantu Biswas and others.................................Petitioners Vs. The State ……………………………………………………………Respo..

Category: Criminal Law | Date: | Hits: 48

Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)

....r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......te, instructed by A. K. M. Shahidul Huq, Advocate-on Record-For the Petitioner. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.131 of 2008. (From the Judgment and order dated 06.02.2008 passed by the High Court Division in Criminal Miscellaneous Case No.2476 of 2...... in the submissions made on behalf of the petitioner, as such, this peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ......ivision (Criminal) Present: Mohammad Fazlul Karim J Md. Joynul Abedin J ABM Khairul Haque J Amanullah Zahangir………………………………………………………..Petitioner Vs. The State, repre­sented by the Deputy Commissioner, Chittagong and another………â..

Category: Criminal Law | Date: | Hits: 50

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.220 of 2009. (From the judgment and order dated 19.3.2009 passed by the High Court Division in Criminal Revision No.269 of 2008.) Jud......re, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......Division (Criminal) Present: Mohammad Fazlul Karim CJ Md. Muzammel Hossain J S Surendra Kumar Sinha J Shahidul @ Buidda and others ...........................................Petitioners Vs. Mrs. Anwara Begum and others .......................................Respondents J..

Category: Criminal Law | Date: | Hits: 81

State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)

....chua, District-Bagerhat in con­nection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......ney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the High Court Division in Death Reference No.54 of 2004 with Crimin......the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ...... Appellate Division (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State.......................................................Petitioner Vs. Md. Anisur Rahman Sheikh……………………….......Respondent Order Octo..

Category: Criminal Law | Date: | Hits: 71

Bangladesh Anjuman‑e­-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)

....abuat" written by Moulvi Muhammad Ameer, Bangladesh Anjuman‑e­-Ahmadiyya, Dhaka, under section 99A of the Code of Criminal Procedure. The petitioner has alleged that the book was first written and published in 1948 and since then several editions have been published and circulated in this country......rney‑General ‑ For the Respondent. Writ Petition No.407 of 1985. Judgment Sultan Hossain Khan J.- This application under Article 102 of the Constitution as revived is directed against an order dated 8.8.85 forfeiting the book in Bengali, styled "Islam‑i‑Nabuat" written by Moulvi Muh......his Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ......cial Original Jurisdiction) Present: Sultan Hossain Khan J AM Mahmudur Rahman J Bangladesh Anjuman‑e­-Ahmadiyya, represented by its Secretary, Umoor‑e-Ama…………………..Petitioner Vs. Secretary, Ministry of Home Affairs..................Respondent Judgment Septem..

Category: Constitutional Law | Date: | Hits: 204

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

....ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......has been placed under suspension and whether it was because of their disagreement of the issue of importing 28 gauge CI sheet for the Chittagong Steel Mill. He also stated in the said letter that the order putting him on suspension was illegal and malicious. Thereafter by a letter dated 2.5.83 defen...... discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......rt Division (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mohammad Ismailuddin Sarker J Abdul Jalil............................................Petitioner Vs. Bangladesh Steel & Engineer­ing Corporation having its office at "Steel House" K..

Category: Employment/Service Law | Date: | Hits: 108

Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)

....t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......, Advocate ‑ For the Petitioner. Syed Badrul Alam, Advocate ‑ For the Opposite Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the ...... no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......rted in: 43 DLR (1991) 473. ..

Category: Procedural Law | Date: | Hits: 104

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ....... - This Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should ......o legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ......991) 471. ..

Category: Labour and Industrial Law | Date: | Hits: 133

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

....from the date of filing the suit on 2.2.84 till realization with cost and the cross‑objection of the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......Traders on the assertion that the same was a genuine one. The plaintiff and Abdul Halim became the guarantors for the LC liability and the said XPL was subsequently learnt to be a forged one. That in order to verify the genuineness of the licences the Amir Market Branch of defendant No. 1 made corre...... the plaintiff‑respondent is dismissed. Ed. This Case is also Reported in: 43 DLR (1991) 464. ......l Hoque J. - This appeal is at the instance of the defendant No. 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6 of 1984 allowing plaintiff‑respondent No. 1's claim in part for recovery of Tk. 1,..

Category: Civil Law | Date: | Hits: 83

Tripura Modern Bank Ltd. Vs. Sunil Kumar Rajgharia and others, 1990, 19 CLC (HCD)

....erstand how an objection by heirs of the deceased judgment­ debtor could be entertained by the Court below after the repeal of section 47 from the Code of Civil Procedure by Ordinance No. 48 of 1983 published in the official Gazette an 5.9.1983. The opposite parties were quite aware of this legal p......site Party. Civil Revision No. 215 of 1986. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of decree‑holder petitioner Tripura Modern Bank Ltd., in liquidation against order dated 22.8.85 passed by the Subordinate Judge, 1st Court, Chittagong in Money Execution Case N......the execution case in accordance with law, Ed. This Case is also Reported in: 43 DLR (1991) 460....... High Court Division (Civil Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Kazi Ebadul Hoque J Tripura Modern Bank Ltd.................................Petitioner Vs. Sunil Kumar Rajgharia and others...................Opposite‑Parties. Judgment ..

Category: Civil Law | Date: | Hits: 103

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....released. 13. It is seen from records that in the order under section 7(b) of the Special Powers Act 7 days time was allowed to Anwar Hossain Monju to surrender before the DIG Prisons and this was published in the Gazette on 23rd January 1991 (Annexure "C") in the writ petition. It is also seen f......ow on information that a report has been lodged against the petitioner under Section 7(b) of the Special Powers Act by the Officer‑in‑charge of Lalbagh Police Station alleging that on 26.12.90 an order was passed against him under section 3(i)(a) of the Special Powers Act ordering him to be deta......able materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......991) 447...

Category: Criminal Law | Date: | Hits: 98

Abdul Latif (Md.) and Others Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

....opriate on our part to pre‑empt the decision in any manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446....... Petition No. 451 of 1986 was compulsorily retired from the services of the Military Engineering Services. They both preferred cases before the Administrative Tribunal of Bangladesh challenging their orders of dismissal and compulsory retirement. By separate orders the Administrative Tribunal reject......manner. The Rules Nisi are, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 446.......in: 43 DLR (1991) 446...

Category: Administrative Law | Date: | Hits: 187

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

....inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......ection 302 of the Penal Code against the accused appellant. The learned Advocate submits that in the absence of any satisfactory evidence, direct or circumstantial, the learned trial Court passed the order of conviction and sentence against the appellant on mere surmises and conjectures illegally re......cused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ......for life by the Additional Sessions Judge‑In‑Charge, 4 Court, Dhaka in Sessions Case No. 1207 of 1980 on 30.9.1985. 2. The prosecution case, in brief, was that on 17.4.1980 at about 10‑30 AM one Shamim An Sultana alias Sawpna, daughter of one Nawab Miah of 26, Debendra Nath Das Lane, Dhaka ..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......said agreement and referred to the documents marked Exts A, Compromise decree, Ext. B receipt dt, 12.3.70 for Rs. 45. 333/00, Ext. B (1) dt. 28.12.70 letter regarding payment of Rs. 45, 333/00 by pay order and Ext B(II) letter dated 9.1.71 about the said payment to PICIC Ext C receipt dt. 29.11.69 f......gati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- Abdul Gani Vs. Dina Bandhu, 14 DLR 663; Mst. Ghulam Sakhina Vs. Omar Bakh and another, 16 DLR SC 389 41. Lawyers ......able to be dismissed for want of cause of action, that the plaintiff intentionally made false and misstatement regarding the terms of compromise; that the plaintiff did not pay 1st instalment or any money under the decree on 12.3.70 or any other date; that it is not true that the agreement with M/s...

Category: Property Law | Date: | Hits: 69