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Shameem Ara and others Vs. Government of Bangladesh and oth­ers, 2011, 40 CLC (AD)

....t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ...... (Civil) Present: Md. Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Momtazuddin Ahmed J Shameem Ara and others………………………….....Petitioners (In Civil Petition No.1973 of 2010) Md. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ......t find any cogent reason to interfere with the impugned judgment of the High Court Division. Accordingly, these petitions are dis­missed. Ed. This Case is also Reported in: 9 ADC (2012) 78. ..

Category: Employment/Service Law | Date: | Hits: 134

State Vs. Jahangir Mallik, 2008, 37 CLC (HCD)

....onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......an Miah J Md Abdul Hafrz J State.............Appellant Vs. Jahangir Mallik................Condemned Prisoner Judgment December 1, 2008. Result: The Death Reference is rejected and the Jail Appeal is dismissed. Cases Referred to- Abdul Hai Sarker Vs. State, 43 DLR (AD) 9......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ......onment for life and pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 67. ..

Category: Criminal Law | Date: | Hits: 87

Harendra Chandra Barman Vs. Government of the People's Republic of Bangladesh and others, 2009, 38 CLC (HCD)

....edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......he order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60.......edure. In view of foregoing narrative, the application is rejected summarily. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 60...

Category: Property Law | Date: | Hits: 73

Pubali Bank Ltd. Vs. Farzana Begum and another, 2009, 38 CLC (HCD)

....and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49.......and realise the same through the process of law. Send down the LCRs along with a copy of the judgment to the Court below immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 49...

Category: Civil Law | Date: | Hits: 116

Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

.... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......hy the proceeding, of CR Case No. 2355 of 2001 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed or pass such other order or further orders as this Court may deem fit and proper. Further proceeding in the said CR Case was also stayed. None appears on behalf of the...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ......otices, issued the final notice under section 32 of the Film Development Corporation Act, 1957. This section empowers the FDC to realise its dues as public demand in the certificate process under the Public Demands Recovery Act 1913. 22. It is stated in the complaint that the copy of the contract..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

....erring to Annexures I and II, annexed with the dissenting opinion marked as Annexure-F, Mr. Hossain submits that upon conclusion of the hearing on 5-4-2006, the 3rd Arbitrator had written to both the Chairman and the 2nd Arbitrator (Dr. M Zahir) on the following day expressing his view that the Trib...... Corporation, represented by its Country Manager...........Respondent Judgment January 5, 2009. Result: The Award is hereby set aside. Cases Referred to- Sheik Abdulla Vs. MVRS Firm and Sons, 1924 Rangoon 153; Abu Hamid Zahira Ali Vs. Golam Sarwar, 22 CWN (1917-18), 301; European G......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ...... on settled principles of law, whether as to the conduct of the arbitrator or arbitral proceedings or the award itself. Justice is the beginning and the end. Law must ultimately reach out to justice. Public policy contemplates that, Courts must reflect it." 46. In Murlidhar Agarwal Vs. State of U..

Category: Alternative Dispute Resolution | Date: | Hits: 385

State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

.... the informant and father of the deceased. He did not witness the occurrence. At the relevant time he was in the office of the Shop-Keepers Co-operative Society of Jurain Bazar of which he was the Chairman. After the occurrence PW 6 informed him over telephone that the deceased was gunned down i...... Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State………………………Appellant Vs. Anwar Hossain and others.............Respondents Judgment August 21, 2008. Result: The appeals are dis...... in the bazar. The factory of Karim Shaheb was of steel almirah manufacturing. At the time of occurrence he was in a meeting with the members of the Bazar Committee. Arab Ali (PW 8) was one of the Members of the Bazar Committee. At first he informed the police station as to the death of his son....... and murder cases were filed against his brothers, including the deceased. In a case filed by one Rehana he and Mala (PW 4) were accused. His another brother Selim was convicted in a case under the Public Safety Act. He gave statement to CID on 3-2-2000. After the occurrence till before going to..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... Aroj Ali Sarder.........................Petitioner Vs. The State........................Opposite Party Judgment February 5, 1989. Cases Referred to- Jatindra Nath Vs. Manindra Nath and another, AIR 1950 Calcutta 330; Maijuddin Laskar Vs. Moulana Nurun Nabi, 16 DLR (Dhaka) 528; 10 ...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......on is carried on in a clan­destine or hidden manner, there can be no public nuisance although persons who come to know of the immoralities committed in the house may feel their moral sense outraged. Public nuisance had been defined in section 268 Penal Code and before any finding can be arrived at ..

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......¦â€¦Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul Vs. Mr. C.M. Samsul and the State, 19 DLR (HC) 428; Mirro Vs. Emperor, AIR 1947 All 97; Emperor Vs. Sami Des, AIR 1926 L......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

....ate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another………………â......bdul Wahhab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The Chairman Bangladesh Forest Industries Development Corporation (BFIDC) and another…………………..Appellants Vs. Md. Hatem Ali and others…………………......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of Bangladesh and others.................Petitioners Vs. Dhaka Match Industries Co. Ltd. and others...............he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....din and others……………………Respondents Order August 23, 2011. Result: Leave is granted. Cases Referred to- Shahjadi Begum and others Vs. Mirza Gias Uddin, 21 BLD (AD) 59; Chairman of Civil Aviation Authority of Bangladesh Vs. Kazi Abdur Rouf and others, 46 DLR (AD) 145. ...... Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Mohammad Mamtaz Uddin Ahmed J Engineer A. B. Siddique…………………….......Petitioner Vs. Kazi Akramuddin and others……………………Respondents Order August 23, 2011. Result: Leave is gr......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279......., the said order of restraint was extended from time to time and the same remained in force till hearing of the Rule. 4. The Rules were contested by writ-respondent Nos.6, the Executive Engineer, Public works Circle-1, Chittagong and added writ-respondent No. 7 by filing separate sets of affidav..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......el Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahab Miah J  Nazmun Ara Sultana J  Syed Mahmud Hossain J  Md. Shamsul Huda J  Government of the People’s Republic of Bangladesh and another.........Appellants Vs. Md. Shahjahan and others……………………………â€......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ..

Category: Others | Date: | Hits: 138

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....nly stating that it owes the plaintiff bank Tk.1492.03 lac, and the defendant No.2 Superior Builders and Engineers Ltd. owes the plaintiff bank Tk.64.27 lac and that the defendant Nos.3-6 who are the Chairman, the Managing Director and the Directors of both the Companies executed personal guarantees......hab Miah J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Mampower Ltd…………………………………..Petitioner Vs. Artha Rin Adalat No.2, Dhaka and another…………….Respondents Judgment December 15, 2011. Result The petition i......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......sain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J The Chief Engineer, the Local Government and Engineering Department LGED Bhaban, Agargaon, Shere-E-Bangla Nagar,Dhaka....................Peti......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......of revenue set up on the ground of reducing pressure on the revenue budget. 5. Instead of absorbing the writ petitioners pursuant to the requisition of the Ministry of LGRD and Co-operatives, the Public Service Commission advertised inviting applications for filing up 195 posts of Sub Assistant ..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......lso Reported in: 50 DLR (HCD) (1998) 231. ......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ..

Category: Employment/Service Law | Date: | Hits: 91

Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)

....inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ...... (1998) 224. ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ..

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......8) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

.... date and on different pleas. He even neglected to place the matter before the Board of Directors for consideration. It appears from the papers that the petitioner himself filed an application to the Chairman of the Board of Directors for considering the matter and for his re-installment, but withou......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Mozammel Haque J Md. Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: Th......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...

Category: Others | Date: | Hits: 142

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201....... Mozammel Hoque J Md. Abdul Matin J Rieta Rahman…………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………Respondents Judgment November 18, 1996. Result: The Rule is ma......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76