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Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
.... For the reasons assigned above, the Rule is destined to founder, wherefor the same is discharged. There is no order on cost. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: ......ossain, Deputy Attorney General - For the Respondents. Writ Petition No.7078 of 2011. Judgment AHM Shamsuddin Choudhury J.- The Rule under adjudication, issued on 08.08.2011 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impu......n……………………Petitioner Vs. Press Appellate Board, represented by it’s Chairman, Mr. Justice B.K. Das, Bangladesh Press Council of House No.40, Topkhana Road, Segun Bagicha, Dhaka and others…………………Respondents Judgment November 23, 2011. Result: The Rule..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
....surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:...... his evidence there is no departure from the ejahar. P.W.2, an eye-witness clearly mentioned the petitioner’s name to be involved in the alleged occurrence and corroborated the evidence of P.W.1 in terms of time, space and manner of occurrence. P.Ws. 3 and 4 being two local witnesses stated that o...... Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal No.11, Dhaka in Metropolitan ..Category: Criminal Law | Date: | Hits: 73
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......liver the full land as described in the deed of lease, suddenly on 4.5.68 a notice was issued to the petitioner asking him to show cause as to why the lease should not be terminated for violating the terms of the lease deed by not starting construction within the stipulated time. The petitioner had ......e Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Badruzzaman J Rahmania Agencies Ltd. 113/A, Tejgaon Industrial Area, Tejgaon, Dhaka and another......................................Petitioners Vs. Bangladesh and others..........Category: Property Law | Date: | Hits: 115
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......paragraph 144: "144. In summarizing, we are of the view that an irrevocable letter of credit constitutes a definite undertaking of the issuing bank, which it must honour and pay according to the terms and conditions of the credit. It is not concerned in the least with any dispute between the se...... High Court Division (Civil Appellate Jurisdiction) Present: Nozrul Islam Chowdhury J Anwarul Haque J KN Enterprise…………………………Appellant Vs. Eastern Bank Ltd and others…………………………Respondents Judgment February 23, 2011. Result: ..Category: Civil Law | Date: | Hits: 212
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......red Khalil by giving dao blows. In this confessional statement the accused Abul Kashem admitted all the facts and circumstances proved by independent evidence in material particulars. He has not in terms admitted that he had given any dao blow on the deceased Khalil though he was present at the pl......ida Begum Vs. the State, PLD 1978 SC (AJ & K) 102; State Vs. Badiuzzaman, 25 DLR Dhaka 41; Palka Narayan Swami Vs. Emperor AIR 1939 (PC) 47; Ratan Kha Vs. The State 40 DLR 186; State Vs. Lalu Mia and another, 39 DLR (AD) 117=1987 BLD (AD) 212; Srikantia Vs. State of Mysore AIR 1958 (SC) 672; B..Category: Criminal Law | Date: | Hits: 147
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......hing the language that respondent No.2 on whose behalf, the appeal also must be deemed to have been filed, could apply for stay under rule 5 of Order 41 CPC. 6. Further rule 5 does not in express terms say that the application for stay shall be filed only by the appellant. It is a power conferre......1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)
....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......th other evidence tends to prove his guilt. 34. In the case of Pakala Narayan Swami Vs. Emperor, AIR 1939 PC 47 a confession is said to be a statement made by an accused which must either admit in terms the offence or at any rate substantially all the facts constituting the offence. A statement c......e is also Reported in: 51 DLR (HCD) (1999) 397...Category: Criminal Law | Date: | Hits: 132
Fatima Begum (Mst.) Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)
....e heard and disposed of afresh by the properly constituted Court of Settlement. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 342. ......rict Judge and the other a person who is or has been an officer in the service of the Republic not below the rank of Deputy Secretary to the Government." 11. So, it appears that in unambiguous terms it has been provided that the Court must be constituted with 3 (three) Members including a C...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Chaudhury J Fatima Begum (Mst.)....…........................Petitioner Vs. Government of Bangladesh and others.....................opposite parties Judgment October 25, 1989. Result: The R..Category: Labour and Industrial Law | Date: | Hits: 197
Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)
....ack to the learned Subordinate Judge for decision on merit. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 329. ......pute’ means any dispute or difference between employers and employers or between employers and workmen or between workmen and workmen which is connected with the employment or non-employment or the terms of employment or the conditions of work of any person." (The underline is mine). The facts ......Registrar of Trade Union...................................Opposite Parties Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Company Vs. Hawkesford, 37 L.J. 248; Mian S..Category: Labour and Industrial Law | Date: | Hits: 179
Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)
....entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......father and brother who are alive but none of them has come forward to depose on her behalf to testify that she was married with the petitioner. There is not a single witness to say as to what are the terms of the marriage and what amount was fixed as dower. In the pleadings the opposite party has cl......— For the Petitioner. Goutom Kumar Roy, Advocate — For the Opposite Party. Civil Revision No.1984 of 1996. Judgment Md. Iftekhar Rasool J.- This Rule is directed against the judgment and decree dated 3-6-1996 and 10-6-1996 respectively passed by the District Judge, Netrakona in Fami..Category: Family Law | Date: | Hits: 230
Sarwarjan Bhuiyan and others Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......itioners. In the result, the Rule is discharged without any order as to costs. The application for fresh Rule is rejected. Ed This Case is also Reported in: 44 DLR (HCD) (1992) 447. ......ed in: 44 DLR (HCD) (1992) 447. ..Category: Property Law | Date: | Hits: 121
Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)
....he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428....... full‑brother on the other hand over their paternal properties and ultimately the dispute was referred to the 7 arbitrators, defendant Nos.1‑6 and deceased Abdus Sattar for an adjudication as per terms embodied in the body of the agreement dated 30.6.79. It has been stated in the plaint that Ata......ssain Ansari, PLD 1955 Sind 282; Amin & Co. Vs. Province of East Pakistan, I8 DLR 629. Lawyers Involved: Dewan A M S Zaman, Advocate‑For the Petitioner. Nazrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of ..Category: Alternative Dispute Resolution | Date: | Hits: 362
Shahadat Hossain Vs. Executive Engineer, City PWD Division, Dhaka and others, 1992, 21 CLC (HCD)
....efore us, I am of the view that in case of breach of any obligation under a contract between the Government and a private party proper remedy lies in a civil suit and not in a writ petition under the extraordinary jurisdiction given by the Constitution. But this principle will not apply when the go...... dated 6.6.85 by way of corrigendum. The petitioner and 3 others submitted tender on 3.7.85 but bid of the petitioner was the highest. The notices are annexure ‘A’ and ‘A-1'to the petition. The terms 8, 9, 11 and 12 of the tender notices would be relevant. The term 8 is as: ‘‘After t......ial Original Jurisdiction) Present: AKM Sadeque J Mamur Reza Chowdhury J Shahadat Hossain ...............Petitioner Vs. Executive Engineer, City PWD Division Dhaka and others………………Respondents Judgment March 19, 1992. Result: The..Category: Property Law | Date: | Hits: 133
Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)
.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543....... merely taking a loan, a loanee cannot be said to be disqualified. In the agreement itself or in any other papers some time limit must be given to repay the loan and if the loanee fails to fulfil the terms of the contract and fails to repay the loan within the stipulated time, he may be called a def...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Abu Taher Miah....................................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Resu..Category: Election Law | Date: | Hits: 216
.... is discharged without any order as to costs.
Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 538.......nding anything herein before contained, Parliament may by law establish one or more administrative tribunals to exercise jurisdiction in respect of matters relating to or arising out of-
(a) the terms and conditions of persons in the service of the Republic, including the matters provided for i......ecial Original Jurisdiction)
Present:
Mustafa Kamal J
Md. Mozammel Hoque J
Saifur Rahman..................Petitioner
Vs.
Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents
Judgment
June 12, 1989.
Result:
The Rule is dischar..
Category: Administrative Law | Date: | Hits: 445
Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)
....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......ld the next general meeting within the extended time granted by the High Court Division, will start from the date when the last meeting was actually held. The meeting which was thus, actually held in terms of the directions of the High Court Division was the validly held "last annual General Meeti......amp; Others ..................................Respondents Judgment May 3, 1989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: ..Category: Business or Commercial Law | Date: | Hits: 352
....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 341.
......ion to hear and determine all applications made by any person in the service of the Republic or in any Corporation, Bank or institution to which the said Act is made applicable, in respect of the terms and conditions of his service including pension rights or any action taken in relation to hi......ilding Finance Corporation.
2. The facts of the case, in short, are that the Respondent No.2 had been serving as an employee under the petitioner, the Bangladesh House Building Finance Corporation and that he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the R..
Category: Procedural Law | Date: | Hits: 273
....t lawful authority and that those are of no legal effect.
The Rule is accordingly made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 326.
......nal Multipurpose Society by a memo dated 17.11.80 submitted a proposal for acquisition of the disputed land under the provisions of Ordinance No. II of 1982. This very statement is a contradiction in terms, because there could be no proposal in 1980 for acquisition of a property under the Ordinance ......respondents to show cause as to why the order dated 16.12.85 passed by the respondent No.1 the Additional Commissioner, Dhaka Division, Dhaka in L.A. Miscellaneous Petition No.38 of 1985 (Annexure E) and the decision dated 24.3.86 arrived at by the respondent No.2 the Deputy Commissioner, Kishoregon..
Category: Property Law | Date: | Hits: 116
....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 396.......ing (refugee holding) was allotted on 6-6-61 and leased out on 12-8-61 to the respondent No.2 Md. Shukur followed by delivery of possession on 30-1-1961 by the Government of Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property......ion)
Present:
Md. Fazlul Karim J
Md. Tafazzul Islam J
Secretary, Ministry of Public Works…………..Petitioner
Vs.
Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents
Judgment
March 26, 1998.
Result:
Th..
Category: Property Law | Date: | Hits: 102
.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 316.
......ed and they are merged with the Members of the Union Parishad to form a distinct class. Oh the other hand, the learned Attorney-General, submits that when the legislature by defining the particular terms viz. "Chairman" and "Member" and by making different provisions in the Ordinance and the conne......ers...............Respondents
Judgment
February 17, 1990.
Result:
The Rule was made returnable.
Cases Referred to-
AIR 1951 (SC) 41, Charanjit Lal Chowdhury Vs. The Union of India and others; AIR 1952 (SC) 75, The State of West Bengal Vs. Anwar Ali Sarker and another; AIR 1963 (S..
Category: Election Law | Date: | Hits: 391
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