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Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....esentative in this respect of the people the ultimate sovereigns - and in their interest and for their good. The maintenance of the authority of the judiciary is indispensable to the stability of the Government." This is quoted by Mr. VG Ramachandran in his treatise "The Contempt of Court”, 5th......ility 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, briefly, the o...... Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for c...... 179. ..Category: Criminal Law | Date: | Hits: 149
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....ation was contacted by the reporter before punishing the said report to ascertain correctness of the contents of the report and he was informed that due to undue pressure of higher authorities of the Government effective steps could not be taken regarding the allegations against the complainant and ......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. ......quashing the proceedings of CR Case No.2041/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka. 2. Complainant opposite party Md. Ataur Rahman, an Additional Chief Engineer of Roads and Highways Directorate, filed a petition of complaint against the petitioner alleging that in the ......(1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......ul 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. Renu Miah,......n: 48 DLR (HCD) (1996) 170. ......ase is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
....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.......HCD) 376.......
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....nvestigation 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 Court of......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......se is also Reported in: 51 DLR (1999) (HCD) 368.......me Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Hassan Ameen J Nazrul Islam and others.……………………….Petitioners Vs. State………………….. Opposite Party Judgment April 25, 1999. Result: The ..Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....We have also a copy of the SPARRSO Newsletter (News and Views about Remote Sensing and Space Technology in Bangladesh) Vol. 4, issue 1, January, 1989 published by the Meteorological Department of the Government of Bangladesh. The learned Counsel of the appellant supplied the copy of the above to us ...... Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar......me Court High Court Division (Civil Appellate Jurisdicton) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Bangladesh General Insurance Co. Ltd………………..Appellant Vs. Chalna Marine Products Co. Ltd………………..Respondent Judgment March 15, 1999. ..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ......(1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
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. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma......(2011) 417. ..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...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......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 ..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...... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch......LR (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...... Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- ....... ..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.
......upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without ......n: 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.......t High Court Division (Civil Revisional Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul Awal J Bangladesh………………………………Petitioner Vs. Abdul Aziz and others………………………………Opposite Parties Judgment December 6 & 8, 20......) 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 ......s Case is also Reported in: 48 DLR (HCD) (1996) 165. ......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 ..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. ...... is also Reported in: 51 DLR (HCD) (1999) 435. ...... Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..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. ......Court High Court Division (Special Original Jurisdiction) Present: Mahfuzur Rahman 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. Shoai......eported in: 51 DLR (HCD) (1999) 426...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.......— For the Opposite Party. Civil Revision No.1386 of 1998. Judgment Md. Ali Asgar Khan J.- This Rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 27-4-98 passed by the learned Senior Assistant Judge, Daudkandi, Comilla in allowing......eported 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......
High Court Division
(Civil)
Present:
Md. Abdul Karim J
Md. Ali Asgar Khan J
Yousuf (Md.)…….......Appellant
Vs.
Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others…………....Respondents
Judgment
October 28, 1997.
Result:
The appeal is d...... 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...................Petitioner Vs. Ismail Hossain Akhond & others.......................Opposite Party Judgment April 27, 1989. Cases Referred to- A.K.M. Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors, 38 DLR (AD) 1972; 6 DLR (FC) 56; 11 DLR (SC) 200; ......n: 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...... Vs. Election Commission & others..........................................Respondents Judgment May 2, 1989. 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 ......Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Hazrat Ali.............................................Petitioner Vs. Election Commission & others..........................................Respondents Judg..Category: Election Law | Date: | Hits: 216
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