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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......Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazil­la Debhata, District Satkhira shall not be declared to have been passed without lawful authority and as to why the election of Chairman held on 10.2.88 at the said Union Parishad should not be decl......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..

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. ......of accused petitioner Md. Anwar Hossain Maji, 22 ac­cused persons named in FIR along with about 100 others came to the village of Narsinghapur all on a sudden being armed with various deadly weapons and started beating women inmates by entering into dif­ferent houses. They took away cash money, or......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 ..

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.......ners Vs. Abdul Alim……………………………..................Opposite Party Judgment December 12, 1988. Result: The Rule is discharged Cases Referred to- Ahmed Miaji and others Vs. Eakub Ali and others, 12 DLR 708; Muhammad Muzaffar Khan Vs. Muhammad Yusuf Khan, 11 ......) (1990) 408...

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...... of the Penal Code now pending in the Court 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. all......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..

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…………â......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......ported 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......eneral - For the Respondent. Criminal Appeal No.2962 of 2002. Judgment Md. Ruhul Quddus J.- This criminal appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 8.9.2002 passed by the Special Tribunal No.4, Kushtia in Special Tribunal Case No.15...... 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..

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......dgment January 10, 2012. Result: The appeal is dismissed. Cases Referred to- Mohiuddin Vs. State, 61 DLR 36; Kashem Vs. State, 54 DLR 212; Billal Miah Vs. State, 9 MLR 429; Rana Madbar and others Vs. The State, 51 DLR 499; Abdur Razzak Talukder Vs. State, 51 DLR 83. Lawyers Involve......rted in: ..

Category: Criminal Law | Date: | Hits: 113

Moulana Farid Uddin Masud Vs. State, 2012, 41 CLC (HCD)

....tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......tropolitan Special Tribunal Case No.1145 of 2005 is hereby set aside. Communicate a copy of the judgment. Ed. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......ssed by the Metropolitan Special Tribunal No.2, Dhaka in Metropolitan Special Tribunal Case No.1145 of 2005 arising out of Zia International Air Port Police Station Case No.43(8)2005 under sections 3 and 6 of the Explosive Substance Act rejecting an application for return of some articles seized fro......eme Court High Court Division (Criminal Appellate Jurisdiction) Present: Mohammad Marzi-ul-Huq J Md. Ruhul Quddus J Moulana Farid Uddin Masud………………………Appellant Vs. The State……………………Respondent Judgment January 25, 2012. Result: T..

Category: Criminal Law | Date: | Hits: 132

Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)

....anything contained in section 339C, any proceedings in respect of the trial of a case stopped under sub-section (4) of that section shall be revived, if an application for such revival is made by the Government to the Court, where such proceedings were pending on the date they were stopped, within n......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... I agree. Ed. This Case is also Reported in: ......ted in: ..

Category: Procedural Law | Date: | Hits: 112

Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)

....missal of the respondent No.2 is modi­fied to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ...... Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das Vs. The Chairman, Second Labour Court, 29 DLR (SC) 280; Mohd. Abdun Noor Vs. Platinum Jute Mills Limited and another, Bangladesh Supreme Court Reports 1978 at page 467; Adminis­trative Officer, Chittaranjan Cotton Mil...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudur Amin Choudhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absol......371. ..

Category: Labour and Industrial Law | Date: | Hits: 160

Bangladesh Can Compa­ny Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)

....e the war of libera­tion they were serving in the factory of the present petitioner before us and were holding permanent posts on 25.3.1971. During the War of Liberation they failed to report to the Government of Bangladesh at Mujibnagar but abstained from doing their duties under the then Governme...... This Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Mahmudul Amin Choudhury J Bangladesh Can Compa­ny Ltd.............Petitioner Vs. Chairman, Labour Court, Chittagong and others..............Respondents Judgment October 25, 1989. Result: The Rule is made ......368. ..

Category: Labour and Industrial Law | Date: | Hits: 268

Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)

....be paid in twenty equal an­nual instalments. Although the deed of lease was ex­ecuted and registered possession of the land could not be delivered as one godown and some building mate­rials of the Government were there and ultimately on 4.7.66 out of 7 kathas 8 chattaks of land, possession of 5 k......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..................Respondents Judgment November 14, 1989. Result: T......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..............n) 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..................Respondents Judgment November 14, 1989. Resul..

Category: Property Law | Date: | Hits: 115

Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Helal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Educa......ction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Helal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………â......elal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28, 2003. ......ourt Division (Special Original Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Helal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry o..

Category: Employment/Service Law | Date: | Hits: 147

Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)

....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ...... Khan, Advocate - For the Respondent No. 2. Writ Petition No.914 of 2011. Judgment SM Emdadul Hoque J.- This Rule Nisi calling upon the respondents to show cause as to why the proceedings of Bangladesh Labour Law (Criminal) Case No.368 of 2010 under section 307 and 310 of the Bangladesh Lab......Case is also Reported in: 63 DLR (HCD) (2011) 382. ......eme Court High Court Division (Special Original Jurisdiction) Present: Abdul Awal J SM Emdadul Hoque J Kazi Rokanuddin Ahmed and another…………………………Petitioners Vs. Labour Court and others…………………………Respondents Judgment March 31, 201..

Category: Labour and Industrial Law | Date: | Hits: 145

Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....rds- "LOCAL AUTHORITY— "Local Authority" shall mean and include a Paurashava, Zilla Board, Union Panchayat, Board of Trustees of a port or other authority legally entitled to or entrusted by the Government with, the control or management of a municipal or local fund, or any Corporation or other......e Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Asgar Ali and others…………………………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Re......his Case is also Reported in: 63 DLR (HCD) (2011) 379. ...... Supreme Court High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Asgar Ali and others…………………………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003..

Category: Civil Law | Date: | Hits: 169

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.......ills has been closed (Exhibit-10). 6. The further case of the plaintiff is that defendant No.1, Eastern Bank Ltd. being an author­ized dealer in Foreign Exchange performing under the authority of Bangladesh Bank acted most ille­gally and mala fide in not crediting to the account of the benefici...... 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: ......011) 370...

Category: Civil Law | Date: | Hits: 212

Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)

....ged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. The stay orders made earlier and hereby vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492.......titioner alleging, inter alia, that Aromatic Cosmetic Limited, a sister concern of Jamuna Group of Industries, is engaged in producing cosmetics which earned popularity in the country. Lever Brothers Bangladesh Limited is also engaged in producing cosmetic and toiletries products, in which, the peti..............Petitioner Vs. Golam Murtaza .................................................Opposite Party Judgment May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is m...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Amal Cabraal.....................................................Petitioner Vs. Golam Murtaza .................................................Opposite Party Judgment ..

Category: Criminal Law | Date: | Hits: 126

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.......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.......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...... High Court Division (Criminal Appellate Jurisdiction) Present: DM Ansaruddin Ahmed J Kazi Ebadul Hoque J Abul Kashem & anoth­er........................Condemned Prisoners Vs. The State............................Opposite Party Judgment April 16, 1990. Result:..

Category: Criminal Law | Date: | Hits: 147

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Parties Judgment July 27, 1995. Result: The Rule is discharged. Cases Referred to- Ranjit Kumar Rakshit Vs. Sudhir Kumer Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam V......ted in: 48 DLR (HCD) (1996) 214. ..

Category: Property Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....l Subordinate Judge, Dhaka arising out of the Judgment and decree dated 28.4.93 passed in Title Suit No.17 of 1992 by the same Court out of which First Appeal No.73 of 1994 preferred by the defendant Government defendant No.1 and another is pending in this Court. 2. Facts stated in the applicatio......cted. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......1996) 211. ...... in: 48 DLR (HCD) (1996) 211. ..

Category: Limitation Law | Date: | Hits: 211