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Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

....e why sections 9, 10(3) and 11 of the Newspaper, Employees (Conditions of Service) Act, 1974 should not be declared unconstitutional and/or why the constitution of the Fourth Wage Board and the award published in the Bangladesh Gazette dated 9.3.91 should not be declared to have been made without an......t of Uttar Pradesh, reported in AIR 1951 (All) 1 it was held by a Full Bench of the Allahabad High Court that it is the interest of the applicant which must be directly affected by the statute or the order complained against and the applicant cannot claim that his interests are affected. It was held......(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......nt here. Supreme Court High Court Division (Special Original Jurisdiction) Present: Abdul Jalil J Badruzzaman J Bangladesh Shangbadpatra Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......ainant under section 200 of the Code of Criminal Procedure issued a warrant of arrest against the accused persons including the accused petitioner under sections 295A/298/109 of the Penal Code by his order dated 11.9.89. 4. By filing this application under section 561A of the Code of Criminal Pro......t the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417....... (1991) 417...

Category: Criminal Law | Date: | Hits: 70

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......ul Huque Bhuiyan J. - This Rule Nisi by the petitioner under Article 102 of the Constitution calls upon the respondents to show cause as to why the respondents should not be directed to implement the order given by the Administrative Appellate Tribunal on 23.4.87 in Appeal Case No. 44 of 1986 and al...... In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......1) 415. ..

Category: Administrative Law | Date: | Hits: 182

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

.... did not surrender possession of the property to the defendant No. 1 or to anyone else and that he has still been in possession of the suit property. He also stated that on 1.3.75 the defendant No. 1 published a news in Bangladesh Observer under the caption 'DIT LEASE HOLDER' asking them to start co......w well settled that the ouster of Courts jurisdiction is not to be readily inferred and even when there is an express ouster of Court's jurisdiction the Court shall retain its jurisdiction unless the order passed is without jurisdiction or malafide or not in accordance with law. In the case of Messe......��…………………………………….Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md......e defendant No. 1 as lessor and the plaintiff as lessee accompanied by delivery of possession of the suit land on the terms and conditions and warranties embodied in the deed. According to terms mentioned in the deed, the lessee was to complete the construction of the building on the demised propert..

Category: Property Law | Date: | Hits: 87

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

....to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......Saint, Senior Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Review Petition No.31 of 2009. (From the judgment and order dated 11.08.2008 passed by this Division in Criminal Petition for Leave to Appeal No.138 of 20......ase has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......sion (Criminal) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Alamgir and others………………………….........Petitioners Vs. The State…………………………………………........Respondent Judgm..

Category: Criminal Law | Date: | Hits: 59

Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

....�ated within 922 Ajutangsha of land of Dhaka City Corporation, bearing Holding No. 94, Nawabpur Road under Police Station Sutrapur, Dhaka, having been enlisted in the 'Ka' list of Abandoned Buildings published in Bangladesh Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page No.9762(9) unde......Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Appellant. Mahbubey Alam, Attorney General-For the Respondents. Civil Appeal No.90 of 2004. (From the judgment and order dated the 20th day of April, 2002 passed by the High Court Division in Writ Petition No.3916 o......sed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... Premises situated within 922 Ajutangsha of land of Dhaka City Corporation, bearing Holding No. 94, Nawabpur Road under Police Station Sutrapur, Dhaka, having been enlisted in the 'Ka' list of Abandoned Buildings published in Bangladesh Gazette dated 23.09.1986 under serial No. Sutrapur-9 at page ..

Category: Property Law | Date: | Hits: 65

Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)

....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......dvocate, instructed by Taherul Islam, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8. Civil Petition for Leave to Appeal No.1003 of 2010. (From the judgment and order dated 26.1.2010 passed by the High Court hi vision in Writ Petition No.5735 of 2008.) Order...... hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......rendra Kumar Sinha J Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Education, Bangladesh Secretariat, Ramna, Dhaka and others ................Petitioners Vs. Md. Tarikh-ul-Islam and others .......................................................

Category: Employment/Service Law | Date: | Hits: 58

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......e Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent Nos. 1-2. Not represented- Respondent Nos. 3-25. Civil Petition for Leave to Appeal No.108 of 2010. (From the judgment and order dated 05.08.2009 passed by the High Court Division in First Appeal No.417 of 1996.) Judgmen......n which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......e J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Petitioners Vs. Mohammad Asgor Ali Morol and others……………………...........Respondents ..

Category: Property Law | Date: | Hits: 69

Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)

..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......Oh (in person)-For Respondent No.3. (In all the Cases) Not represented-For Respondent Nos.1-2. (In all the Cases) Civil Petition for Leave to Appeal No. 1246 of 2010. (From the judgment and order dated 8.3.2010 passed by the High Court Division in Writ Petition No.7610 of 2008.) With ......hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......urt Appellate Division (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J Tea Hung Packaging (BD) Limited and others…………….......Petitioners (In all the cases) Vs. Bangladesh represented by the Secretary, Ministry of Home Affai..

Category: Criminal Law | Date: | Hits: 70

M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)

....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......ructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the High Court Division in Writ Petition No.9509 of 2007.) Order......s dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......vision (Civil) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J M/s. Ok-Kyung Oh……………………………………………................Petitioner Vs. Tea Hung Packaging (BD) Limited and others ...............Respondents Order Nov..

Category: Company Law | Date: | Hits: 175

Md. Mahfuzul Haque Vs. Bangladesh, 2008, 37 CLC (AD)

....n the circumstances, we do not find any cogent reason to interfere with the judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in: ......ted 25th September, 2007 passed by the High Court Division in Civil revision No.2790 of 1999) Judgment MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 25th September, 2007 passed by the High Court Division in Civil Revision No. 2790 of 199......e judgment of the High Court Division. Accordingly, petition is dismissed. Ed. This Case is also Reported in: ...... ..

Category: Others | Date: | Hits: 147

Jamshed Ali and others. Vs. Azman Ali, 2008, 37 CLC (AD)

....ght in any way. The plaintiffs issued an advertisement under order I Rule 8 of the Code of Civil Procedure to sue in a representative character and leave of the Court was obtained and such notice was published in local news paper and after the publication of such notices few villagers came and was a......er dated 20th May, 2007 passed by the High Court Division in Civil Revision No. 2407 of 2005) Judgment MM Ruhul Amin CJ. - This petition for leave to appeal is directed against the judgment and order dated 20th May, 2007 passed by the High Court Division in Civil Revision No. 2407 of 2005 disc......egal infirmity in the impugned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......Supreme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Tafazzul Islam J Md. Abdul Matin J Jamshed Ali and others.............................................Petitioners Vs. Azman Ali being dead his heirs Putul Bibi and others........Respondents Judgment ..

Category: Property Law | Date: | Hits: 69

Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)

....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......on-record-For the appellants. AFM Meshbauddin, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record - For the respondent. Civil Appeal No. 285 of 2001. (From the judgment and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No. 41 of 1997) Judgm......is Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......appellants was due to observance of certain official formalities and inaction of the Solicitor Wing and the further submission that the High Court Division without assigning any reason refused to condone the delay though the same has been properly and adequately explained and also the submission tha..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......Ali, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.6. Not represented-Respondent Nos. 1-5 and 7. Civil Appeal No.158 of 2007. (From the judgment and order dated 16th January, 2007 passed by the High Court Division in Writ Petition No. 6024 of 2004).......ty in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... order dated 16th January, 2007 passed by the High Court Division in writ Petition No. 6024 of 2004 making the Rule absolute. 2. The writ petition was filed seeking direction on the Deputy Commissioner, Dhaka for paying compensation in respect of the land owned by the writ petitioners and acquire..

Category: Property Law | Date: | Hits: 80

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......doning the delay of about 7 years 2 months that is 2617 days caused in filing the appeal. 2. The accused petitioner Mahirun Nessa has been convicted u/ss. 467/109 of the Penal Code by Judgment and order of the Additional District Magistrate, Rajshahi and sentenced thereunder to suffer RI for a pe......l be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......preme Court High Court Division (Criminal Appellate Jurisdiction) Present: Habibur Rahman Khan J Mohammad Abdul Mannan J Mahirun Nessa ....................Accused‑Appellant-Petitioner Vs. The State......................Respondent Judgment January 12, 1993. Lawyers..

Category: Procedural Law | Date: | Hits: 112

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181....... 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to make the question clear it is necessary to make a brief statement of facts. 2. One al‑......nd Md. Abdul Khaleque, Advocates ‑ For the Opposite Party. Civil Revision No.674 of 1990 with Civil Revision No.675 of 1990. Judgment Bimalendu Bikash Roy Choudhury J.- These two rules arising out of common facts present a common question on the law of landlord and tenant. In order to mak......: 45 DLR (HCD) (1993) 181...

Category: Property Law | Date: | Hits: 78

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ...... 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid Karim under section 302 of the Penal Code by his judgment and order dated 28.9.87 in Sessions Case No.32 of 1987. The convict Md. Farid Karim has also preferred a......municated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......93) 171. ..

Category: Criminal Law | Date: | Hits: 84

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......lty to the charge framed against each of them and convicted thereunder and sentenced to suffer imprisonment for life and to pay a fine of Taka 1000/‑, in default, the property of each appellant was ordered to be attached and sold and sale proceeds to be paid to the informant Omar Ali. 2. Prosec......lled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......nd sale proceeds to be paid to the informant Omar Ali. 2. Prosecution case, in short, is that there has been a long standing enmity and protracted litigations between the informant Omar Ali on the one hand and accused party on the other. Messers Paul Choudhury was the Zaminder and Land holder of ..

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....ch other or further order or orders passed as to this Court may seem fit and proper.” 48. The Parliament passed the Bangladesh Telegraph and Telephone Board (Amendment) Act, 2009 which has been published in official gazette on 6.4.2009 giving effect to the Act from 1st June, 2008 being Act No....... authority and is of no legal effect, besides being violative of the fundamental rights of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and /or such other or further order or orders passed as to this Court may seem fit and proper. Thereafter, on the application ...... once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......CD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)

.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......eneral -For the respondent. Criminal Appeal No.161 of 1997. Judgment Syed Md. Ziaul Karim J. - By this appeal, the convict appellant has challenged the legality and propriety of Judgment and order of conviction and sentence dated 26-08-1990 passed by learned Additional Sessions Judge, Piroj......ffice is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......e given first aid by the local Dr. Sukhoranjan (P.W.3) and Dr. Jadab Chandra Roy (P.W.9). Then, on 01-03-1988 victim Pushpa Rani was taken to Najirpur Hospital in critical condition wherein she undergone treatment for about four months. Thereafter she was referred to Dhaka for better treatment at th..

Category: Criminal Law | Date: | Hits: 74

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