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Chairman, Power Development Board & Others, 1980, 9 CLC (AD)
....s to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ......llants Civil Appeal 102 to 108 of 1979 from Writ Petition 191 to 193 and 195 to 197 of 1977. Judgment Shahabuddin Ahmed J.- These seven appeals by special leave are directed against an order of the High Court Division dated 11-4-77 summarily dismissing corresponding seven Writ Petitio......h Court and the Labour Court are set aside and the applications under section 34 are dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 1 BLD (AD) (1981) 59 ..Category: Labour and Industrial Law | Date: | Hits: 1
S. M. Qamruzzaman Vs. State, 1980, 9 CLC (HCD)
....) 1 WLR 965; Telikecheral Kendalel Venkata Ramanaja vs. Telikecheraia Kandalal, 97 1C 785; Sheonandan Singh & others Vs. Jeonandan Das, 13 CWN 71;Chennupatti Vs. Nellurai Narayanaswami, AIR 1954 Mad 215. Lawyers Involved: Khandker Mahbubddin Ahmed with S.M.N. Alam and Md. Shafiqur Rahm...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ......r Rahman, Advocates-For the Appellant. Fakrul Islam, Advocate-For the State. Criminal Appeal No.239 of 1974 Judgment A. T. M. Afzal J.- This appeal arises out of the judgment and order dated the 27th February, 1974 passed by the learned Sessions Judge and Ex-Officio Senior Speci...... and serve out the remainder of the sentence. The order granting stay of realisation of fine is vacated. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 107. ..Category: Criminal Law, Evidence Law | Date: | Hits: 2
Anti-Corruption Commission Vs. Mofazzal Hossain Chowdhury Maya, 2015, 44 CLC (AD)
....n is distinguishable and the same is not applicable in this case. 6. The High Court Division has not at all applied its judicial mind in acquitting the respondent. The question has already been settled by this Division and we find no cogent ground to depart from the same. In view of t......l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ......t MajuMd.er, Senior Advocate instructed by Nurul Islam Chowdhury, Advocate-on-Record.—For the Respondent. Criminal Petition for Leave to Appeal No.107 of 2011 . (From the judgment and order dated 27-10-2010 passed by the High Court Division in Criminal Appeal No. 3536 of 2009) O......l of the appeal on merit afresh. The leave petition is accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 230. ..Category: Criminal Law | Date: | Hits: 4
State Vs. Barrister Nazmul Huda and other, 2014, 43 CLC (AD)
....) years and a fine of Taka 2,50,00,000 (two crore fifty lakh), in default, to suffer rigorous imprisonment for l(one) year more and the respondent No. 2. Mrs. Sigma Huda under section 161 read with section 109 of the Penal code 1860 and sentenced to suffer simple imprisonment for 3(three) ......peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ....... Md Wahidullah., Advocate-on-Record—For the Respondent. (In Criminal Petition No. 263 of 2011) Criminal Petition for Leave to Appeal Nos. 247 with 263 of 2011. (From the judgment and order dated 20-3-2011 passed by the High Court Division in Criminal Appeal No. 4813 of 2007) Or......peal on merit afresh. The leave petitions are accordingly, disposed of with the above observations and directions. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 212 ..Category: Criminal Law | Date: | Hits: 2
Babul Robin de' Rozario Vs. Elizabeth R Das another, 2014, 43 CLC (AD)
.... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ...... 17, 2014. Result: The petition is disposed of. Sub-section (4) of section 439 of the Code debars the High Court Division to convert an order to acquittal to one of conviction. High Court Division has exceeded its revisional power by re...... below to hear the matter afresh in accordance with law. The petition is accordingly disposed of with the above observation. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 207 ..Category: Criminal Law | Date: | Hits: 5
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....Reported in: 38 DLR (HCD) (1986) 4. ......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......; Judgment Md. Abdul Jalil J.—This Rule issued at the instance of the accused petitioners calls in question an order dated 16.4.1984 passed by the Assistant Sessions Judge, 2nd Court, Chittagong deemed to have b......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....38 DLR (HCD) (1986) 1. ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ......application was filed on behalf of the defence for stopping of the proceeding and releasing the accused under section 339C (4) Cr.P.C. The Additional Sessions Judge noticed the aforesaid facts in his order dated 12.9.84 and observed that the trial could not be completed within the stipulated period ......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
Hazi Md. Lliyas Vs. Government of the People's Khan Republic of Bangladesh, 1978, 7 CLC (HCD)
....owdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ......raining, Research Evaluation Communication Centre of the Planning Council, for a period of 2 years from 1-2-71 at a rental of Tk. 3000/ per month; but the Additional Deputy Commissioner, Dacca by his order dated 6-3-71 requisitioned the house in Requisition Case No. 2040 of 1971 and took possession ......plication which their Lordships assess at Tk. 1000/- (Taka one thousand) only. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 69. ..Category: Constitutional Law | Date: | Hits: 3
Category: Evidence Law | Date: | Hits: 7
Shamsun Nahar Begum on behalf of the detenu Khalequzzaman Vs. Bangladesh & others, 1977, 6 CLC (HCD)
....han Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ...... have been made without lawful authority and is of no legal effect. 2. Facts giving rise to the proceeding are as follows: The detenu Khalequzzaman was arrested on 18-3-74 and on 27-3-74 an order of detention was passed under the Special Powers Act. That detention was challenged in Writ Pe......at was rendered by Mr. S. S. Halder and Mr. AnwarulHuq Chowdhury in this case. Abdul Matin Khan Chowdhury J.—I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 33. ..Category: Criminal Law | Date: | Hits: 1
Md. Shabjahan and another Vs. Haji Yeaqub Ali Chowdhury and another, 1978, 7 CLC (HCD)
....ahan and another...................Petitioners Vs. Haji Yeaqub Ali Chowdhury and another…............Opposite-Parties Judgment July 25, 1978. Result: The Rule is made absolute. Case Referred To- AIR 1951 Calcutta 206 and 13 Cr.L.J. (F.B.) 1988 Lawy...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ......king a Reference to this court for quashing the aforesaid proceedings. The matter was heard by the Additional Judge, Second Court, Chittagong, who after hearing the parties rejected the motion by his order dated 6-4-78 in Criminal Motion No.595/77. Thereafter the accused petitioners moved this ...... Sub-Divisional Magistrate, Sadar (North) Chittagong. In the result, the Rule is made absolute. Abdul Malek J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 63 ..Category: Criminal Law | Date: | Hits: 1
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....ict Judge, even in appeal, is not subject to challenge before the High Court Division under its present revisional powers. Cases Referred to- Stratus Construction Co. Vs. Government of Bangladesh, 2002 BLD 236; Narayana Swami Vs. Emperor, AIR 1939 PC 47; Gurdial Singh Vs. Central Board, 9 ......application under Order XXXIX, rules 1 and 2 read with section 151 of the Code of Civil Procedure praying for an order of temporary injunction till disposal of the suit with a further prayer for ad‑interim injunction whereupon a notice to show cause was issued upon the defendants. The defendants o......he High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1 of section 115 does not confer the revisional power upon the High Court Division, in respect of any 'order' passed by the Joint District Judge. The statute does not provide that the High Court Divi......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....…………..Petitioner Vs. Arati Rani Das and others……………………………………………………..Opposite Parties Judgment March 20, 2006. Result: The Rule is made absolute. Case Referred to- Managing Director, Rupali Bank Limited and others Vs. Tafazal ......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......ft the house to defendant No.1 without permission of his parents. Plaintiff No.1 was unwilling to perform her part of marital obligation. Plaintiff No.2 was under the custody of defendant No.1 and in order to rear her up defendant No.1 on 20.4.1997 an since then there was no conjugal relationship be......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ..Category: Procedural Law | Date: | Hits: 31
Md. Khalil Ullah and others Vs. Artha Rin Adalat and others, 2010, 39 CLC (HCD)
....hmed J.- Supplementary affidavit filed on behalf of the petitioners do form part of the main application. This is an application under Article 102 of the Constitution of the People's Republic of Bangladesh challenging Judgment and Decree dated 05.07.2007 (degree signed on 11.07.2007) passed by the J......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ......ায় প্রাথমিক ডিক্রী প্রদান করা হইল।” and also challenged the auction notice dated 09.07.2009 published in Daily Amar Desh by Sonali Bank, in order to sell the mortgaged properties passed vide order dated 18.06.2009 in Artha Zari Suit No.512 ......decree. 5. With the aforesaid findings and observations, the writ petition is summarily disposed of, without any order as to costs. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 69. ..Category: Civil Law | Date: | Hits: 37
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....dgment and order dated 25.6.1989 passed by the learned District Judge, Gopalganj in Miscellaneous Appeal No.14 of 1986 confirming the judgment and order dated 16.1.1986 passed by the learned Munsif, Sadar Court, Gopalganj in Miscellaneous case No.236 of 1979 should not be set aside or pass such othe......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......d. Delwar Hossain J.- This rule upon an application under section 115 of the Code of Civil Procedure was issued on 30.3.1989 calling upon the opposite parties to show cause as to why the judgment and order dated 25.6.1989 passed by the learned District Judge, Gopalganj in Miscellaneous Appeal No.14 ......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ..Category: Procedural Law | Date: | Hits: 28
Md. Moshiur Rahman Khan Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (HCD)
....urt High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Md. Abu Tariq J Md. Moshiur Rahman Khan, Son of A.K.M. Altaf Hossain Khan, Elected Chairman of Bangladesh Mudran Shilpa Samity, 120, Arambagh, Dhaka-1000 and others ………………Petitioner S.M...... is not maintainable. 17. The learned Advocate Mr. Helal Uddin Sarker further argued that the respondents of this writ petition filed civil petition for leave to appeal No.2026 of 2009 against the interim order of stay dated 07.10.2009 passed by the High Court Division in the instant Writ Petitio......evenue),Dhaka, as the Administrator of Bangladesh Mudran Shilpa Samity should not be declared to have been issued without lawful authority and is of no legal effect and/ or pass such other or further order or order of this Court may seem fit and proper. 2. It has been asserted in the Writ Petitio......ew of the above discussions and reasoning we do not find any merit in this Rule. Accordingly, the Rule is discharged without Cost. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 284. ..Category: Business or Commercial Law | Date: | Hits: 72
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
....sion (Civil Appellate Jurisdiction) Present: Md. Arayesuddin J Md. Abu Tariq J Erria Shipping Pte Ltd and another ………………………. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result: ...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......…………………. Appellants Vs. Lever Brothers (Bangladesh) Ltd ……………………….. Respondent Judgment February 11, 2009. Result: The appeal is allowed without any order as to cost. Cases Referred to- 9 BLC 218; 11 BLC 83; 5 BLC 579; 1990 BCR 194. L...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Zastat Limited Vs. Customs Excise and VAT Appellate Tribunal and others, 2011, 40 CLC (HCD)
....reby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ......astat Limited a private limited company engaged in the business of tourism invoked this writ petition upon which this Rule was issued calling upon the Respondents to show cause as to why the impugned order dated 14-11-2007 passed by the Respondent No.1 vide Nathi No. Customs Excise and VAT Appellate......ed. In the result, the Rule is discharged without any order as to cost. The decision of the Appellate Tribunal is hereby confirmed. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 40
Joynal Abedin Vs. State, 2011, 40 CLC (HCD)
....al Vs. State, 6 BLC 113; Nizam Hazari Vs. State, 53 DLR 475; SM Kamal Vs. State, 6 BLC 113; Nurul Islam Vs. State, 1985 BLD 106; Mobarak Hossain Vs. State, 1981 BLD 286 = 33 DLR 274; Amir Hossain Howlader Vs. State, 1984 (AD) 193 = 37 DLR (AD) 139; State Vs. Lalu Miah, 1987 BLD (AD) 212 = 39 DLR (AD......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ......5566 of 2007. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application filed by the petitioner under section 561A of the Code of Criminal Procedure for quashing the Judgment and order dated 24-1-2007 passed by the learned Judge, Special Tribunal No.3. Chittagong in Special Case......not be exercised to quash the Judgment. The Rule fails. In the result, the Rule is discharged. Let the LCR sent down immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 393. ..Category: Criminal Law | Date: | Hits: 36
Bangladesh Indenting Agent Association and another Vs. Bangladesh and others, 2012, 41 CLC (HCD)
.... This Case is also Reported in: 64 DLR (HCD) (2012) 389. ......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ...... object to promote, protect and safeguard the interest of the indenting Agent in Bangladesh. The Government promulgated the importers, Exporters and Indentors Registration Order, 1981 and in the said order Article 2 defines meaning of indentors which includes a firm, institution, body, organization,......om 2004 to 2009 by the Government itself. With these observations, this Rule is disposed of. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 389. ..Category: Fiscal/Taxation Law | Date: | Hits: 51