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Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
.... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs. Anwar Hossain, 48 DLR 28; Central Bank of In......(2011) 417. ......wyers Involved: Habibul Islam Bhuiyan, Senior Advocate, M Qumrul Haque Siddique, Tushar Kanti Roy, Sattya Ranjan Mondal, Advocates - For the Appellant. Mahmudul Islam, Senior Advocate with Shah Md. Munir Sharif, Abdul Momen Chowdhury, AKM Nurul Alam, Sohel Rana & Imran Jahangii, Advocates ..Category: Civil Law | Date: | Hits: 235
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.......e plaintiffs' case, in short, is that the defendant No.1 Abul Hasan Khan and other 15 members of his family were the partners of M/s. East Pakistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.111 and 108......ision (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment ...... (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment May 2,..Category: Business or Commercial Law | Date: | Hits: 349
Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)
....ions of the Board of Intermediate and Secondary Education and that the pay of the petitioner has been correctly fixed on 1-7-77 in the New National Pay Scales, in accordance with the provision of the Government Notification dated 30-10-78 and Bangladesh Jute Mills Corporation’s circular, issued fo......t he is the Assistant Teacher of the Crescent High School of the Crescent Jute Mills Co Ltd. within the Town Khalishpur, Khulna and the said Mill, being a nationalised industry, is a component of the Bangladesh Jute Mills Corporation. He was appointed on 7-1-69 as the teacher of that school by the t......LR (1999) (HCD) 347.......harged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...Category: Labour and Industrial Law | Date: | Hits: 184
Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)
....(ii) any ancient object or site of historical, ethnographical, anthropological, military or scientific interest, and (iii) any other ancient object or class of such objects declared by the Central Government, by notification in the official Gazette to be an antiquity for the purpose of this Act.......Code of Criminal Procedure and obtained this Rule. Mr. Sultan Ahmed, the learned Advocate on behalf of the petitioner, submits that the alleged statue was auction purchased by Tanvir Traders from the Bangladesh Biman (vide Annexure H to the petition) and one Md. Sekender purchased the said statue on....... ......oner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..Category: Others | Date: | Hits: 159
....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.
......LR (1999) (HCD) 339.
......n: 51 DLR (1999) (HCD) 339.
......
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)
....ation. It is also contended that the award is a nullity in the eye of law as at the relevant time neither the arbitrator nor the Court could pass an award against BTTB as it was a department of the Government inasmuch as the BTTB lost its corporate existence pursuant to Ordinance No.12 of 1979. Th...... Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......) 405.......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
Serajul Islam and others Vs. State, 1994, 23 CLC (HCD)
....acquitted and be set at liberty forthwith, if not wanted in connection with any other Case. Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ......l Officer at Peni Hospital, has proved the post mortem report prepared by Dr. Ramandra Rajjan Taka after holding post mortem examination on the dead body of Waliullah on 10.1.89 because he was out of Bangladesh. The post mortem report mentions the following injuries: 1) Hema toma on left parieto ......upreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Md. Abdul Karim J Md. Fazlul Haque J Serajul Islam and others…………………………Petitioners Vs. State………………………Opposite Party (In Criminal Appeal No.2266 of 1991) Abdul ....... Send down the record of the case at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 165. ..Category: Criminal Law | Date: | Hits: 147
Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)
.... Commissioner were legal and plaintiff also prayed for declaration of their title in the suit land. 3. The fact of the case, in short, is that admittedly, the disputed land is the Khas land of the Government. The plaintiffs assertion is that they took the settlement of the suit land in Settlement......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. ...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......ases 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. Lawyers Involved: Abdul Quayum with Md. Ismail and JBM Hassan, Advocates — For the Petitioner Momtazuddin Ahmed, Advocate — For t..Category: Property Law | Date: | Hits: 105
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
.... in: 51 DLR (HCD) (1999) 426.......n Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advocate — For the Petitioner. ......eported in: 51 DLR (HCD) (1999) 426.......man J MA Aziz J Nurjahan Begum……........Petitioner Vs. Government of the Peoples Republic of and others..............Respondents Judgment May 19, 1998. Case Referred To- Md. Shoaib Vs. Government of Bangladesh, 27 DLR 315. Lawyers Involved: Mahmudul Islam, Advoc..Category: Property Law | Date: | Hits: 156
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
....d for ex-parte hearing on 10-6-97 on which date it was decreed ex-parte. The learned Advocate for the opposite party contends that he has been in possession of the suit premises as a tenant under the Government as the same was declared vested and non-resident property. He further contends that he di......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......eported in: 51 DLR (HCD) (1999) 418....... copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418...Category: Procedural Law | Date: | Hits: 131
....situation in the life of the defendant. Though plaintiff agreed to consider the matter, unfortunately, he filed the suit against the defendant. It is further averred in the written statement that the Government, a necessary party in the suit for specific performance of contract, was not made a party......hat 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 that the govern...... Case is also Reported in: 51 DLR (HCD) (1999) 412.
......passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....ject behind the legislation of the Ordinance II of 1983 is to expedite the disposal of cases with less expense for the convenience of the litigant public. According to him, the avowed policy of the Government for the decentralisation of the judiciary is to bring maximum benefit to the door-steps......or the Magistrate of the First Class, as the case may be, having jurisdiction to try the case;…………………….” 15. Similar provision is again found in sub-article 6 of Article 3 of the Bangladesh Scheduled Offences (Special Tribunals) Order, 1972 (P.O. 50 of 1972) which is as follow......n: 41 DLR (HCD) (1989) 490. ......uty Attorney-General as amicus curiae in this matter. Let a copy of the judgment be transmitted to the Courts below expeditiously. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 490. ..Category: Procedural Law | Date: | Hits: 152
Hazrat Ali Vs. Election Commission & others, 1989, 18 CLC (HCD)
....ision in Civil Appeal No.40 of 1988 and 9 other appeals decided on 19.2.89 in support of his submission that the Election Commission was coram non judice in the matter after 29.5.88. 14. The Local Government (Union Parishad) Ordinance, 1983 provides in section 25 that the names of all persons ele......vocates - 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 was a contes......Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Hazrat Ali.............................................Petitioner Vs. Election Commission & others..........................................Respondents Judg...... Result: The Rule is made absolute. Case Referred to- Kanta Devi and another Vs. State of Rajasthan and others, AIR 1957 Rajasthan 134. Lawyers Involved: Syed Ishtiaq Ahmed with Mvi. Md. Wahidullah and Md. Feroz Shah, Advocates - For the Petitioner. Shaukat Ali Khan with Gour G..Category: Election Law | Date: | Hits: 216
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....es, but the petitioner obtained the Rule Nisi on 17.4.88 and publication of result in the official Gazette was stayed by this Court. 4. The disqualification Clause in section 7(2) (d) in the Local Government (Union Parishad) Ordinance, 1983 is as follows :- "7. (2) A person shall be disquali...... 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 Annexure B pas......e Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Monoranjan Mukharjee..................Petitioner Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others...............Respondents Jud......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
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......sion (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mahmudul Amin Chowdhury J Anwar Hossain Maji (Md.) & others.............Petitioners Vs. The State………………………………………………..Opposite Party Judgment ......(1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......) (1990) 408.......ants-petitioners Nos.1 to 3 is directed against the judgment and decree passed by Mr. Alauddin Sardar, Subordinate Judge, 2nd Court, Chittagong in Other Appeal No.231 of 1980 reversing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relev..Category: Property Law | Date: | Hits: 95
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
.... investigation within the said period of six months, specific order of the Chief Metropolitan Magistrate or the District Magistrate, as the case may be shall have to be obtained: Provided that the Government may, by order, revive the case at any time if the case is triable exclusively by the Co......r any other law. We have noticed the Ministry of Establishment's Notification bearing No.MF/JAIII/VEST-2/84-377 dated, Dhaka, 17.10.84 which is as follows:- "Government of the People's Republic of Bangladesh. Ministry of Establishment Section-JAIII. NOTIFICATION No. MF/JAIII/VEST-2/84-37......aka Bench) (Criminal Revisional Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Daliluddin Ahmed J Fazlul Hoque & Others.............................Petitioners Vs. State....................................Opposite Party Judgment March 14, 1989. Re......rt of Upazila Magistrate, Trishal, District Mymensingh should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. In this case informant Md. Yunus Ali lodged F.I.R. on 20.11.87 at Trishal P.S. alleging, inter alia, that on 20.11.87 at ab..Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....e Declaration could never be authenticated in the name of late Mr. Akter-Ul Alam. So the Declaration has remained in the name of Mr. Ahad at all times, a fact that has repeatedly been admitted by the Government. 21. Thereafter, from the year 1972, the declaration of Ittehad was in the name of Mr...... Present: AHM Shamsuddin Choudhury J Jahangir Hossain J Saju Hosein……………………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…………......ported in: ...... 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: ..Category: Others | Date: | Hits: 171
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....y the trial Court. In case of his failure to do so, the law will take its own course. Send down the lower Court records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......Arms Act, 1878 and sentencing him thereunder to suffer rigorous imprisonment for fourteen years. 2. Facts leading to this appeal, in brief, are that the informant Md. Majibar Rahman, a Havilder of Bangladesh Rifles (now BGB) produced the arrested appellant and two others along with a German origi...... Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Md. Manzil alias Md. Manzil Miah……………………Appellant Vs. The State……………………Respondent Judgment January 8, 2012. Result: The......ds. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....entence, if any. In case of his failure to do so, the law will take its own course. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......har Police Station, Rajshahi lodged an ejahar on 24.6.2001 against the appellant bringing allegation of recovery of 56 bottles of Indian origin phensedyl which were allegedly smuggled from India into Bangladesh. Police recorded the case as Motihar Police Station Case No.16 dated 24.6.2001 under sect......rted in: ......ord. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 113
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