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Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ......not required to obtain any licence for manu­facturing them, either under the said Act or under the said Ordinance. They are only required to register their medicines with the licensing authority, in terms of section 5(1) of the said Ordinance. (c) The words "licensing authority.'' though used, ......n (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J Ruhul Amin……………………………………Petitioner Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration…………………………..

Category: Others | Date: | Hits: 184

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

.... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......hat he was arrested on 31‑10‑89 while he was going to Kakrail Mosque from Badda. 44. In the confessional statement as detailed above, accused Tajul Islam admitted in clear and unequivocable terms that he committed the offence of murder for which he had been charged and that the motive behi...... ..

Category: Criminal Law | Date: | Hits: 139

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ......tative chamber of commerce and industry whereas the petitioner's member­ship consist of shop-keepers, indentors and small traders and thus obviously have more members than the respondent No.4 and in terms of capital investment, tax paid, employment opportunities created, the members of the responde...... in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)

....ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......, shall not be set aside on this ground. This provision was omitted from the Code of 1898, in view of the provision contai­ned in section 537 of the Code which serve the same purpose in more general terms. The explanation to the section says that in determining whether any error, omission or irregu......ourt High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J SF Ahmed J Elahi Baksh..................................Petitioner Vs. State and others...........................Opposite Party Judgment July 24, 1986. Result: The..

Category: Criminal Law | Date: | Hits: 168

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......struct or make addition or alteration to any building, or excavate re‑excavate any tank or cut or raze any hill within the area to which this Act applies; and such sanction shall be subject to such terms and conditions as the Authorised Officer may deem fit to impose: Provided that such sanctio......ow cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of..

Category: Property Law | Date: | Hits: 92

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508.......1,22,000.00 and the petitioner was put into the possession of the shop on that day. Petitioner started Electronics business under name and style M/s "(Arkay’s Electronics)". Petitioner followed the terms and conditions of the lease deed in letter and spirit. At the time of execution of the said le...... ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting..

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... defend. What is more is that even if the defence set up be vague or unsatisfactory or thereby a doubt as to its genuineness, leave should not be refused altogether but the defendant should be put on terms either to furnish security or to deposit the amount claimed in Court." The principles upon ...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S..

Category: Procedural Law | Date: | Hits: 125

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......er the petitioner filed writ petition No.7428 of 2003 seeking direction to release the goods in question and accordingly Rule was issued on 14-12-2003 and ad-interim order was passed in the following terms: "Pending hearing of the rule respondent No.1 is directed to accept the Bills of Entry sub...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: The..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......stallments. Article 25 empowers the Corpora­tion to issue notice upon any borrower or surety for payment of the loan in full if there be any default in payment of loan and for some other breaches of terms of the conditions in obtaining the loan and further empower the Corporation under Article 26 o......vil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred t..

Category: Civil Law | Date: | Hits: 198

Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)

....ppeal is dismissed and the order of conviction and sentence pas­sed against him is confirmed. Anwarul Huque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 72....... 10. Mr. Nasirul Islam next contended that the examination of the accused persons under section 342 of the Code of Criminal Procedure was not proper inasmuch as the examination was done in general terms without mentioning the particular incriminating evidence aga­inst the individual accused pers...... The State…………………………………………………………….Respondent Judgment April 30, 1985. Result: The appeal is allowed. Cases Referred to- Hachi Meah and another Vs. the State,17 DLR 692 (Full Bench); Hatu Mullik and others Vs. the Stat, 19 DLR 662; ..

Category: Criminal Law | Date: | Hits: 142

Deputy General Manager, Rupali Bank Limited and another Vs. Nazrul Islam Patwary and others, 1992, 21 CLC (HCD)

.... of law and thus call for no interference from this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 406.......prentice employed in any shop, commercial establishment or industrial establishment to do any skilled, unskilled, manual, technical, trade promotional or clerical work for hire or reward, whether the terms of employment be expressed or implied, but does not include any such person. (i) Who is ......ed in: 44 DLR (HCD) (1992) 406...

Category: Labour and Industrial Law | Date: | Hits: 233

Syed Mozammel Huq Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others, 1991, 20 CLC (HCD)

....e Engineer, PWD and Director, Directorate of Government Housing & Accommodation, Bangladesh Secretariat, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 403.......ত্র দপ্তরে জমা দিতে হইবে। আঃ সালাম, ১০-১২-৯০ প্রশাসনিক অফিসার। 5. One of the terms in the said letter is that it the rent is not deposited, then the allottee will be evicted wit......Hussain Mohammad Habibur Rahman J Abdul Hasib J Syed Mozammel Huq..................Petitioner. Vs. People's Republic of Bangladesh represented by Secretary, Ministry of Works and others ..................Respondents. Judgment January 24, 1991. Result: ..

Category: Property Law | Date: | Hits: 160

Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ......interest. So, although this President’s Order No.9 of 1973 is a law putting a reasonable restriction to the fundamental rights of the petitioner guaranteed under Article 36 of the Constitution, the terms of the law having not been complied with, it cannot be said to be a valid order passed under t...... Present: Md. Abdul Jalil J Naimuddin Ahmed J Rafique‑Ul Huq........Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others ………..Respondents Judgment February 17, 1992. Result: The Rule is made a..

Category: Business or Commercial Law | Date: | Hits: 601

James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)

....llaneous Appeal is dismissed without any order as to costs. Let a copy of this judgment be transmitted to the Court below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 394. ...... the aforesaid decision runs thus: "In Colquhoun Vs. Brooks (1889) 14 App. case 493 (496) Lord Herschell said: It is beyond dispute, too, that we are entitled and indeed bound, when construing the terms of any provision found in statute, to consider any other parts of the Act which throw light on......Bank…………...Respondent Judgment July 21, 1992. Result: The appeal is dismissed. Cases Referred to- Hori Mia Vs. State, 10 DLR 123; 3 QBD page 1; ILR 40 Cal 21 (PC); Jyotish Chandra Chakravarty Vs. Hem Chandra Roy & another, 11 DLR 7; Abdur Rahman Vs. Muhammad Sharif &..

Category: Civil Law | Date: | Hits: 169

Mayajan Bibi Vs. Monohar Ali, 1984, 13 CLC (HCD)

....r Order 9, rule 13 C.P.C. The Rule is, accordingly, made absolute without any order as to costs and the im­pugned order set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 68. ......itioner (defendant) need be given an opportunity for contesting the original suit on merit and the petitioner should compen­sate the opposite party for it and accord­ingly allowed the Misc. case on terms as already stated above. 3. The short point for consideration is whether a Court has jurisd...... Comilla in Misc. case No.28/82) Judgment ATM Afzal J. - This Rule, at the instance of the Plaintiff-Petitioner, arises out of a proceeding under Order 9, rule 13 of the Code of Civil Procedure and is directed against the judgement and or­der dated 24.08.1983 passed by the learned Munsif, 3rd..

Category: Procedural Law | Date: | Hits: 127

Dr. Md. Shahjahan, Advo­cate Vs. Election Commission and others, 2011, 40 CLC (HCD)

....be taken to the special forum created under the Election Law itself for their resolution. (c) almost invariably there will arise dispute over facts which cannot and should not be decided in an extraordinary and summary jurisdiction of writ." 18. The ratio decidendi of the decision of Shah ....... Bangladesh Election Commission 48 DLR (AD) 208 Justice Mustafa Kamal observed on the point: "In the case of AFM Shah Alam Vs. Majibul Huq and others, 41 DLR (AD) 68, this Court has in very clear terms laid down that in local government elections no step in the election process can be challenged...... High Court Division (Special Original Jurisdiction) Present: Ashfaqul Islam J SM Emdadul Hoque J Dr. Md. Shahjahan, Advo­cate...............Petitioner Vs. Election Commission and others...............Respondents Judgment March 14, 2011. Result: The Rule is discha..

Category: Election Law | Date: | Hits: 231

Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)

....etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......agis­trate, Dhaka who transferred the case on 7-12-2006 to the Court of Mr. Md. Rafiqul Islam, Metropolitan Magistrate and the trial Court also granted bail to the accused petitioner on the previous terms and conditions. 6. The learned Magistrate again sent the case record to the Metropolitan Se......Division (Criminal Miscellaneous Jurisdiction) Present: Sidduqur Rahman Miah J Ataur Rahman Khan J Noor Jamal…………………………………………Petitioner Vs. State and another……………………..Opposite parties Judgment August 18, 2009. Result: ..

Category: Criminal Law | Date: | Hits: 103

Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)

.... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... so. Hence, the suit. 3. The defendant No.1, Minakhi Begum con­tested the suit by filing written statement denying most of the allegations made in the plaint contend­ing, inter-alia, that as per terms of contract the defendant No.1 duly obtained permission to trans­fer the suit property but th......e appeal is dismissed. Cases Referred to- 2 MLR (AD) 215; 57 DLR (AD) 39; 20 BLD (AD) 187; 43 DLR 360; 4 BLC (AD) 193; 5 BLD (AD) 51. Lawyers Involved: Khijir Ahmed with Hidar Alam Kollol and Shofiul Aziz, Advocates - For the Appellant. Zainul Abedin with Shirin Sultana and Md. Abu Ta..

Category: Property Law | Date: | Hits: 105

Mian Abdur Rashid and others Vs. Government of People's Republic of Bangladesh and others, 1986, 15 CLC (HCD)

....ed to get transfer of the controlling shares of Purbachal Jute Mill in terms of the notice dated 27.09.1982. 11. As regards the submission that the notice dated 27th September, 1982 pub­lished in extraordinary Gazette are rules under Article 4 or under Article 24 of the Bangla­desh Industrial E...... conveyed in letter dated 06.02.1985 refusing to transfer/disinvest Purbachal Jute In­dustries Ltd. in favour of the petitioners and for a direction to transfer/disinvest the afore­said industry in terms of the notice dated 27.09.1982 their favour. 2. The petitioner Nos.1 and 2, and peti­tione......o Reported in: 39 DLR (HCD) (1987) 122. ..

Category: Company Law | Date: | Hits: 162

Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)

....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......red appearance in that case and stated, that there existed no such power of attorney in favour of Moniru­zzaman Khan when Halima Khatun started putting pressure on the petitioner for compro­mise on terms of Halima Khatun but the petitioner having refused to submit to the pre­ssure the informant H...... the Code of Criminal Procedure for quashing the proceeding in Sessions Case No.5 of 1983 pending before Additional District Magistrate, Jessore arising out of Jessore Sadar, D.A.B. G.R.No.16 of 1982 and Kotwali P.S. Case No.25 dated 12.06.1982 under sections 468/419/420/471 and read with section 10..

Category: Criminal Law | Date: | Hits: 117