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Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....A M Mahmudur Rahman J Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgment July 12, 1995. Result......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..

Category: Constitutional Law | Date: | Hits: 247

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......d in that behalf by Order IX or makes such other order as it thinks fit. 11. With regard to the implications of the provisions of Order IX, rules 6 and 8 and Order XVII, rule, the Supreme Court of Pakistan stated in the case of Muhammad Swaleh & another Vs. Messrs United Grain & Fodder Ag..

Category: Procedural Law | Date: | Hits: 180

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....ral - For the Respondents. Writ Petition No.94 of 1985. Judgment Mustafa Kamal J.- This Rule obtained under the under revived Article 102 (2) of the suspended Constitution of the People’s Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order, 1985 read with the P......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1...

Category: Company Law | Date: | Hits: 306

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......iority list below the names of the respondent Nos.4‑10 filed objections to the Authority between 24.5.86 and 29.5.86 with the prayer for fixation of seniority as Assistant Engineer as per the then Pakistan Government's circular and other memos mentioned in the objections. The Authority while made..

Category: Employment/Service Law | Date: | Hits: 191

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....er Chief Justice of Bangladesh, was appointed Vice President. Later on Justice Shahabuddin Ahmed after the fall of the Government of Lt. General Hossain Mohammad Ershad become acting President of the Republic and was the head of the caretaker Government Mr. Ataur Rahman, an officer of the anti-corru......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....ird class. But before coming into force of such Act, under the President's Rule in the then East Pakistan, proclaimed on the 25th June, 1958, under Article 193 of the Constitution of the then Islamic Republic of Pa­kistan, in exercise of the powers conferred by Article 102 of the said Constitution,......r section 349 by the then Sub-divisional Magistrate of Second Class. With a view to paving the way of separating the judicial and executive functions of the Magis­trates in the then province of East Pakistan, now comprising Bangladesh, the then Provincial Assem­bly of East Pakistan on the 11th of ..

Category: Criminal Law | Date: | Hits: 158

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

....Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......an legally be obtained, in a case of this kind, of any offence which appears from the evidence to have been committed although it was not express­ly charged. As to prejudice, the Supreme Court of Pakistan observed that accused person in cases of this type concentrate their attention more on the ..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ...... Additional Deputy Commissioner (Reve­nue), Faridpur canceling the names of the respon­dent and his co-sharers from the record of rights which were recorded in the name of the then Province of East Pakistan. By four different orders from 1960 to 1963 the Revenue Settlement Officer cor­rected the ..

Category: Property Law | Date: | Hits: 129

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republic of Bangladesh. 5. Before I embark upon the discussion of the Article I want to state, br......s dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑..

Category: Criminal Law | Date: | Hits: 149

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......nth exception of section 499 of the Penal Code and on such view quashed a criminal proceedings against an editor of a weekly. In that, case reliance was placed on the decision of the Supreme Court of Pakistan in the case of Khondaker Abu Talab Vs. State reported in 19 DLR (SC) 198. In that case a jo..

Category: Criminal Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....msuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Khan Vs. Controller of State Duty, 13 DLR (SC) 105; Dr. Neelima Ibrahim Vs. People's Republic of Bangladesh, 32 DLR 201; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Kanchan Mala Vs...... Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Khan Vs. Controller of Sta..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....raining Centre, Savar, Dhaka vide same letter of termination dated 17-8-97. 2. Rule was separately issued in each of above 16 writ petitions under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order of te......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376...

Category: Employment/Service Law | Date: | Hits: 160

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415.......ntract with the plaintiffs) in place of his son Ehsa­nul Hasan Khan. Thereafter on 15.5.78 the defen­dants handed over the Photostat copy of lease deed (between the C & B and the then M/s. East Pakistan Aluminium and Iron Manufacturing Company) and some other papers to the plaintiffs and asked..

Category: Business or Commercial Law | Date: | Hits: 349

Abdur Rahim (Md.) Vs. Bangladesh Sarak Paribahan Corporation, represented by its Chairman, 1998, 27 CLC (HCD)

....ate - For the Respondent. Writ Petition No. 3828 of 1997. Judgment Mainur Reza Chowdhury J.- On an application made by the petitioner under Article 102 of the Constitution of the People’s Republic of Bangladesh a Rule Nisi was issued calling upon the respondents to show cause as to why t......issued without lawful authority and is of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 339. ..

Category: Labour and Industrial Law | Date: | Hits: 176

Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)

....nders the instant award a nullity. Mr. Rais Uddin, in this connection relied on an unreported decision of this Court given in the case of Chief Engineer, Roads and Highway, Government of the People's Republic of Bangladesh Vs. Messrs Concord Engineering Construction i.e., FMA No.82 of 1993 wherein t......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405...

Category: Alternative Dispute Resolution | Date: | Hits: 291

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......llah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Law..

Category: Property Law | Date: | Hits: 105

Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)

....26....... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...

Category: Property Law | Date: | Hits: 156

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....t case and that the ground for solatitium does not apply to the facts and circumstances of the present case. 6. It has been strenuously argued by Mr. Farooqui that the Government of the People’s Republic of Bangladesh is a necessary party in the suit for specific performance of contract and tha......lhi under Professor Tandon, Neuron Surgeon, to whom he was referred by Professor Rashiduddin Ahmed, It is further stated that defendant did not recover from his illness and also received treatment in Pakistan under Dr. Jumma, Neuro Surgeon, and Professor Abdur Rob. In the meantime the plaintiff pers..

Category: Property Law | Date: | Hits: 120

Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)

....l Saha, Ad­vocates - For the added Respondent No.5. Writ Petition No.1421 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh had a chequered ca­reer. 2. The petitioner along with 5 other candidates ......26. For the reasons stated above the Rule is made absolute but in the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 486...

Category: Election Law | Date: | Hits: 216

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....ner. S.S. Haider, Advocate - For Respondent No.6. Writ Petition No. 488 of 1988. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the order dated 13.1.88 An......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...

Category: Election Law | Date: | Hits: 220