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Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)
....of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of the rule, in short, is that the then Government thro...... Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Shamsul Huda J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..Category: Criminal Law | Date: | Hits: 106
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......Case is also Reported in: 48 DLR (HCD) (1996) 472. ......€‘6‑86 adopted by the defendants and communicated vide Memo No.4 of 1986 dated 26‑6-86 removing the plaintiff from the service of Assistant Headmaster of Rajshahi Girls High School, Rajshahi is illegal, collusive and against the principle of natural justice and also with a prayer for decree of p..Category: Employment/Service Law | Date: | Hits: 166
Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....ed. 12. The impugned order having been passed ex parte in hot haste on the date immediately after filing of the plaint, the learned Subordinate Judge naturally failed to consider the matter in its proper perspective. In view of our discussion as above we find that the learned Subordinate Judge co...... (1996) 470. ......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..Category: Civil Law | Date: | Hits: 169
Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)
....nd unless the notice under section 7(1) of the Ordinance is given to the Chairman. The matter whether the divorce became effective and the marriage between the parties has not been terminated without properly followed the provision of section 7(1) of the Ordinance, 1961 which has been elaborately di......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......stituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legally wed couple under Islamic Shariah. The marriage was registered by kabinnama dated 12-4-1988 a..Category: Family Law | Date: | Hits: 202
Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)
....s father Sultan Uddin Bhuiyan was a bargadar under the pre-emptor's father and later on under her. Pre-emptor requested the respondent No.2, the vendor on difÂferent occasions to partition the joint property left by her parents. Pre-emptor's husband being a Government Servant, she used to stay with...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J MA Wahhab Miah J Nazmun Ara Sultana J Md. Imman Ali J Md. Mamtaz Uddin Ahmed J Md. Shamsul Huda J Habibur Rahman Bhuiyan (Md.) and others..................Appellants Vs. Galman Begum and others………………………â......storing the judgment of the trial Court on the point of limitation, inasÂmuch as, the Court of appeal below disbelieved the pre-emptor's witnesses merely on the ground of relationship which is not a legal ground for disbelieving a witness. 9. On the point of the defect of parties, the Court of a..Category: Property Law | Date: | Hits: 138
Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)
....ife or wives in this regard. 10. The Arbitration Council shall after hearing the petitioner and the representative of his existing wife or wives shall decide and in deciding whether it is just and proper to allow the application the Council shall have regard to such circumstances such as sterilit......omplainant filed a petition of complaint in the Court of Upazila Magistrate, Chhatak, District Sunamganj alleging that she is the married wife of Mokbul Ali. The marriage was solemnised on 16.04.1974 and out of that wedlock a son, now aged about 10 year and a daughters now aged about 7 years were bo......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...Category: Family Law | Date: | Hits: 193
....d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 158.
......n
(Special Original Jurisdiction)
Present:
Mustafa Kamal J
AM Mahmudur Rahman J
Ruhul Amin……………………………………Petitioner
Vs.
Director, Drug AdminisÂtration and Licencing Authority (Drugs), DiÂrectorate of Drug Administration…………………………â......spondent No.1 the Director, Drug Administration and LicenÂcing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect.
2. The case of the petitioner is that he is a manufacturer of unani medicine for lo..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
....s‑examination has simply reproduced in the judgment the evidence of the said prosecution witnesses given in examination‑in‑chief and thereby illegally convicted the accused‑appellants without proper appreciation and appraisal of the oral evidence on record. They have further submitted that P...... ......ere absconding at the time of trial and did not prefer any appeal against the impugned order of their conviction and sentence and consequently, we are inclined not to make any determination as to the legality or otherwise of their conviction and sentence. 13. The learned Advocates appearing fo..Category: Criminal Law | Date: | Hits: 139
Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)
.... of Assistant Supervisor (Field). On 29‑9‑78 he was charge Âsheeted by the management on the allegation of his committing theft, fraud or dishonesty in connection with the employer's business or property, in that he on 11‑3‑78 organised three farmers of Alamdanga buying centre of the compan......urt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Azizul Huq (Md.)..................Petitioner Vs. Chairman, Labour Court, Khulna and Others............Respondents Judgment July 31, 1996. Result: The Rule is made absol...... why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after placing the impugned Judgmen..Category: Labour and Industrial Law | Date: | Hits: 162
Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)
....unishment of dismissal to the petitioner from service for the loss of some screws not worth very much. Learned Chairman of the Labour Court failed to consider this aspect of the case and also to give proper weight to the opinion of the two members of the Labour Court, one of whom represented the emp......azi Ebadul Hoque J Amind Kabir Chowdhury J Abdus Sattar, Fitter, LB No.4784, G Shift, Victory Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3, 1996. Result: The Rule is made abso......1456 of 1991 (Dhaka) Writ Petition No.46 of 1990 (Chittagong). Judgment Kazi Ebadul Hoque J.- In this Rule petitioner Abdul Satter, Fitter of Victory Jute Products Limited has challenged the legality of the decision and order dated 12‑7‑90 (Annexure‑D to the petition) passed by AM res..Category: Labour and Industrial Law | Date: | Hits: 183
....ref. 4 B.S.C.R. at page 16). Again even under the ordinary law of the land regulating contract, an agreement which would defeat the provision of any law or would cause inÂjury to the right or to the property of others would also not be enforceable being against public policy.
29. In the instant ...... in: 39 DLR (HCD) (1987) 145.
......1985 upon the respondents to show as to why the Circular dated 25.02.1985 (Annexure-A) issued by the respondent No.1 should not be declared to have Keen passed without lawful authority and thus of no legal effect. Pending heating of this Rule the operation of the impugned Circular dated 25.02.1985 w..
Category: Civil Law | Date: | Hits: 162
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....as been deprived of the benefit in that section…………………………… (d) in deciding the matter, the Court may pass such orders including orders regarding cost, as it may deem just and proper, and it may, in appropriate cases, require, by such order the reinstatement of the complainan......vision (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Maqbular Rahman Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rul...... the Labour Court to convert an order of dismissal of a worker passed by a domestic tribunal into an order of re‑instatement. The petitioner has also contended that the learned Labour Court acted illegally in reversing the order of dismissal of the respondent No.2 and in re‑instating him in serv..Category: Labour and Industrial Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....tested the case by filling written objection denying all material allegations made in the application contending, inter alia; that the election was held in a peaceful manner and fairly and that after proper counting of votes cast in favour of the contesting candidates the opposite party petitioner w......96) 560. ...... centres. During the time of polling in two centres namely, Waruk High School Centre under Ward No.2 and Dopolla Janata High School centre under Ward No.3, the opposite party petitioner resorted to illegal activities in collusion with his associates and the Presiding Officers of those two centres an..Category: Election Law | Date: | Hits: 273
....py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 521....... Rahman J
Mainur Reza Chowdhury J
Abul Hussain Md. alias Abul.....................................Petitioner
Vs.
Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents
Judgment
May 29, 1991.
......Charge, Mirpur PS, Dhaka asking them to show cause why the Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V)..
Category: Criminal Law | Date: | Hits: 105
Anwar Ali (Md) Vs. Chairman, Rajdhani UnnaÂyan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....or permanent injunction restraining the owners from forcibly evicting the petitioner from the premises and the Court was pleased to issue show cause notice. The owners then planned and succeeded in improperly inducing the officers of Rajdhani Unnayan Kartipakha (RAJUK) particularly its Authorised Of......ow cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of...... notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of New Lucky Hardw..Category: Property Law | Date: | Hits: 92
Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)
....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......11. ...... the requirement of section 15 of the Easement Act, they are not entitled to a decree and the lower appellate court having not considered the provisions of section 15 of the said Act have committed illegality. In this connection he submitted that according to the explanation 2 of section 15 of the E..Category: Civil Law | Date: | Hits: 147
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....d, inter alia, in the application under rule 4 of Order 37 CPC that the plaintiff is an adopted daughter of one Meherunnessa Begum, wife of Late Nowab Ali Ashgar Khan and that she did not inherit any property and she used to live with her said mother having no means of her own; that the defendant's ...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S......at the stamp of the so‑called promissory note has been purchased in the name of Meherunnessa Begum mother of the plaintiff and that on the ill advice of some interested persons for the purpose of illegal gains this false suit has been started against the defence. Hence it was contended that the de..Category: Procedural Law | Date: | Hits: 125
Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)
....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ...... OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted......e is pending before the Assistant Session Judge, Shariatpur for trial. 3. Mr. Amjed Hossain, learned Advocate appearing for the petitioner, submitted that the case was started on the basis of an illegal prosecution report and as to such liable to be quashed. Referring to section 155 of the Code o..Category: Criminal Law | Date: | Hits: 112
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....be accepted. Although, the customs authority has categorically accepted the said letter that the amended "Import General Manifest (IGM)" submitted by the respondent No.3 shipping agent has been found proper. 8. Thereafter the petitioner filed writ petition No.7428 of 2003 seeking direction to rel...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: The......pellate Division in Civil Appeal No.99 of 2006 in violation of section 82A of the Customs Act and PSI Rules, 2002 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos.1-2 and 5 should not be directed to release the 3,000 MT Cru..Category: Fiscal/Taxation Law | Date: | Hits: 172
Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)
....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......o Reported in: 63 DLR (HCD) (2011) 564. ......investigated into by the police within the meaning of secÂtion 155(2) of the Code of Criminal Procedure and the subsequent cognizance upon the investigation report submitted by the police officer is legal. 9. Admittedly, the occurrence upon which the Sub Inspector of Police Bandarban PS arrested..Category: Criminal Law | Date: | Hits: 90
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