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Almasuddin & another Vs. A. Wadud Khan & others, 1989, 18 CLC (HCD)
....yan—For the Opposite Party No.3. Civil Revision No.353 of 1984. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against an order dated 21.5.84 passed by Mr. Shamsunnahar Begum, 6th Munsif, Dhaka in Miscellaneous Case No.105 of 19......mpugned order of the learned Munsif cannot be sustained. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 391.......hman Miji and another Vs. Abdul Wadud Mia and another, 2 PLR 287. Lawyers Involved: A. Wadud Khan & others—For the Opposite Party. Md. Zakir Hossain—For the Petitioners. AMM Rahim for Rabia Bhuiyan—For the Opposite Party No.3. Civil Revision No.353 of 1984. Judgment Mu..Category: Procedural Law | Date: | Hits: 107
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....7 and 18. Civil Revision No.96 of 1987. Judgment Md. Mozammel Hoque J.- In this Revisional application Rule was issued directing the opposite parties to show cause as to why the Order No.74 dated 10J2.86 passed by the Munsif, Mirpur Upazila, Kushtia in Title Suit No.75 of 1986, should not ......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......tion are that deceased Kudrut Ali, the predecessor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration of title in respect of the suit land. The defendant opposite party Nos.2, 3, 4, 5,..Category: Property Law | Date: | Hits: 98
Fazlul Hoque & Others Vs. State, 1989, 18 CLC (HCD)
.... cause why the order of Mr. Sirajul Islam, Sessions Judge, Mymensingh passed on 22.9.88 in Criminal Revision No.186 of 1988 out of Trishal G.R. Case No.72(2)87 corresponding to Trishal P.S. Case No.3 dated 20.11.87 under sections 302/323/34 of the Penal Code now pending in the Court of Upazila Magis...... District Magistrate under the Code or under any other law, an Additional District Magistrate cannot exercise the powers of the District Magistrate under the Cr.P.C. or under any other law. We have noticed the Ministry of Establishment's Notification bearing No.MF/JAIII/VEST-2/84-377 dated, Dhaka,...... 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. alleging, inter alia, that on 20.11...Category: Procedural Law | Date: | Hits: 113
Saju Hosein Vs. Press Appellate Board and others, 2011, 40 CLC (HCD)
....hury J.- The Rule under adjudication, issued on 08.08.2011 was in following terms: “Let a Rule Nisi be issued calling upon the respondents to show cause as to why the impugned judgment and order dated 27.07.2011 (Annexure-B) of the Press Appellate Board, Bangladesh Press Council of House No.40,......l remains in the name of Mr. Oli Ahad. (vi) The Board failed to consider that there cannot be an auto cancellation of Declaration for a newspaper. Mr. Oli Ahad was never served with any show cause notice by the government which is the basic requirement of natural justice. (vii) The Board, for ......o.40, Topkhana Road, Segun Bagicha, Dhaka- 1000 should not be declared to have been issued without lawful authority and is of no legal effect and a direction should not be issued upon respondent No.3 for authentication of the petitioner’s declaration either for the Daily Ittehad or the Daily Deshk..Category: Others | Date: | Hits: 171
Parvaj Vs. State, 2012, 41 CLC (HCD)
.... Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal No.11, Dhaka in Metropolitan Special Tr......surrender before the trial Court to serve out the remaining period of his sentence. Communicate a copy of the judgment. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in:......neous Case No. 4846 of 2005. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-petitioner was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the judgment and order dated 30.11.2002 passed by the Metropolitan Special Tribunal..Category: Criminal Law | Date: | Hits: 73
Md. Shah Alam Vs. State, 2011, 40 CLC (HCD)
....awzish Ara Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 3509 of 2003. Judgment Md. Ruhul Quddus J.- This criminal appeal is directed against judgment and order dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting t......he sentence as altered, if he is not wanted in any other case. Send down the lower Court’s record with a copy of this judgment. Borhanuddin J.- I agree. Ed. This Case is also Reported in:......dated 24.10.1999 passed by the Sessions Judge, Gaibandha in Sessions Case No.48 of 1995 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer rigorous imprisonment for life with a fine of Taka 2000/- in default to suffer rigorous imprisonment for 2 (two) months mo..Category: Criminal Law | Date: | Hits: 114
Md. Manzil alias Md. Manzil Miah Vs. State, 2012, 41 CLC (HCD)
....or 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.158 of 2001 ......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: ......cial Tribunal No.4, Kushtia in Special Tribunal Case No.158 of 2001 convicting the sole appellant under section 19A of the 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..Category: Criminal Law | Date: | Hits: 87
Md. Haider Alam Vs. State, 2012, 41 CLC (HCD)
....eral - For the Respondent. Criminal Appeal No. 2238 of 2002. Judgment Md. Ruhul Quddus J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against judgment and order dated 31.7.2002 passed by the Special Tribunal No.3, Rajshahi in Special Tribunal Case No.172 of 200......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: ...... of 2001 arising out of Motihar Police Station Case No.16 dated 24.6.2001 convicting the appellant under section 25B (2) of the Special Powers Act and sentencing him thereunder to suffer imprisonment for two years with a fine of Taka 500/- in default to suffer imprisonment for two months more. The T..Category: Criminal Law | Date: | Hits: 113
Md. Saiful Islam alias Maznu Vs. State, 2010, 39 CLC (HCD)
....and Ms. Syeda Rabia Begum, Assistant Attorney Generals - For the Respondent. Criminal Appeal No.413 of 2006. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 23.1.2006 passed by the Sessions Judge, Tangail in Session Case No.232 of 2004 (arising out of......custody during the trial will be deducted under section 35A of the Code. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......lihati Police Station Case No.3 dated 8.7.2004 corresponding to G. R. No.331 of 2004) convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for one year more. ..Category: Criminal Law | Date: | Hits: 110
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
.... Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by the p......me of issuance of the Rule is vacated. Trail Court is directed to proceed with the case in accordance with law and conclude the trial expeditiously. Before holding further trial, the Court will serve notices upon all the accused persons and give them reasonable opportunity to appear before the Court...... section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by the petitioners for stopping the proceedings in Special Tribunal Case No.77 of 1990 and releasing them under section..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
.... Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an applicati......f issuance of the Rule is vacated. The trail Court is directed to proceed with the case in accordance with law and conclude the trial expeditiously. Before holding further trial, the Court will serve notices upon all the accused persons and give them reasonable opportunity to appear before the Court......he Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an application filed by the petitioners for stopping the proceedings in Session Case No.28 of 1989 and releasing them under section 339C (4)..Category: Procedural Law | Date: | Hits: 112
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....que J.- In this Rule Nisi issued under Article 102 of the Constitution of the People's Republic of Bangladesh the Respondents were directed to show cause as to why the Memo No. Shakha-11/31-3/81/82 dated 7.2.85 (Annexure CC) should not be declared to have been made without lawful authority and is ......of total 7 kathas and 8 chattaks of land. 3. It is further stated in the petition that though the Government could not deliver the full land as described in the deed of lease, suddenly on 4.5.68 a notice was issued to the petitioner asking him to show cause as to why the lease should not be termi......on of the leasehold plot No.151, Motijheel Commercial Area, Dhaka measuring 7 kathas and 8 chattaks as mentioned in the deed of lease (Annexure C) to the petitioners. 2. The short facts relevant for the disposal of this Rule are that the petitioner before us was previously a proprietorship bu..Category: Property Law | Date: | Hits: 115
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....with effect from 1‑6‑1994, which was then changed to that of Taka 4800‑210x16‑8160. After completion of eight years service as Lecturer, on 21‑12‑1999 the College Authority wrote a letter dated 19‑4‑2000 (Annexure D) to respondent No.2, District General, the Secondary and Higher Educ...... the post of Assistant Professor and started paying salary in the scale of Taka 7200‑260x14‑10840, which the petitioner received up to April, 2002. Then, after twenty-three months and without any notice or hearing, the respondents demoted the petitioner from the post of Assistant Professor to th......ute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-General with Farah Mahbub, Assistant Attorney-General—For Respondent No.1. Sk Yead Ali for Abdur Rashid, Advocates—For Respondent No.4. Writ Petition No. 3746 of 2002. Judgment ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....ons made against them. 5. The respondent No.1 on perusal of the records, including written objection and other documents took cognizance of the case and issued summons against the petitioners on dated 28-12-2010. 6. Being aggrieved by and dissatisfied with the impugned order the petitioners ......the post on 15-1-2006 having ID No.0023 and his monthly salary was Taka 7,000 among which basic pay was of Taka 5,231 only and that for grudge he was verbally terminated on 20-12-2009 without prior notice. The complainant is entitled to get termination benefits of Taka 2,26,258 but he was not paid......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 Labour Law, 2006 now pending before the respondent No.1, should not be declared unlawful, mala fide, out of jurisdiction and is of ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....02(1) and (2)(a)(i)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order vide Memo No. Shipkam/Hash-1/Clinic-5/93/259 dated 30-12-2002 (Annexure-D) should not be declared to have been made/passed without authority and ......the order appointed an Ad-hoc Managing Board under Article 9C(2)(b) for the period ending on 31-12-2002 and the said Ad-hoc Managing Board decided to hold Annual General Meeting of the Society and by notice dated 12th December, 2002 convened Annual General Meeting of the Society on 30-12-2002 (Annex......d on 30-12-2002 though respondent No.4 illegally did not allow the petitioner No.2 to attend the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board for 3 years i.e. upto 31-12-2001 and that the President of the Society in exercise of the power unde..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....ocate - For the Respondent No.1-3. First Appeal No. 210 of 2005. Judgment Anwarul Haque J.- This appeal at the instance of plaintiff-appellant, is directed against the judgment and decree dated 27-7-2005 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Money Suit N......t with any dispute between the seller and buyer for any breach of the contract underlying the letter of credit. It is however, obliged to refuse payment which there is a clear fraud of which it has notice of knowledge. The Court shall not interfere which such irrevocable/confirmed commitment of ......k Ltd and others…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; ..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.......ion 294B of the Penal Code. 3. The learned Chief Metropolitan Magistrate on examination of the complainant, it is said, issued summons against the petitioners. On perusal of the petitions, we have noticed that the petitioners have not annexed the order of the learned Chief Metropolitan Magistrate......ous Case Nos. 6948, 4042 & 5341 of 1998. Judgment SK Sinha J.—These Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Co..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
.... Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Sessions Case No.29 of 1999 arising out of D......ention about abduction of the victim by accused appellant Abdul Majid. About contention of learned Advocate for the appellant on the point as to the contents of GD cannot be upheld. 30. We already noticed earlier that informant (complainant) P.W.1 Merajuddin stated about the occurrence in one man...... Station Case No.9 dated 27‑3‑98 corresponding to GR Case No.21 of 1998 convicting the appellant Abdul Majid under section 364 of the Penal Code and sentencing him to suffer rigorous imprisonment for 10 years and to pay fine of Taka 2,000 in default to suffer rigorous imprisonment for 1 (one) ye..Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul Kashem Gazi who have been convicted and sentenced under sections 302/34 of the Penal Code to death by the Judgment and order dated 4.5.87 in Sessions Case No.24 of 1986. The condemned prisoners have preferred Criminal Appeal ......nfessional statements Ext.3 & 4 we are satisfied that one of the accused got at least 3 hours time for reflection and the other accused got 2 hours time for reflection. The Magistrate did not notice any injury marks on the body of the accused persons and no such complaint appears to have bee......of 1987 and Jail Appeal No.177 of 1987. Judgment Kazi Ebadul Hoque J. - This Reference under section 374 of the Code of Criminal Procedure by the Additional Sessions Judge, Jessore is for confirmation of the sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul..Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....মলা তদন্তের জন্য পূনরুজ্জীবিত করা হইল” (স্বা/- 8. Thereafter the Chief Metropolitan Magistrate received the charge sheet dated 17.1.89 against the aforesaid 6(six) accused petitioners under section 19A of the Arms Act rea......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......man and others................Petitioners Vs. The State……………………………………………………Opposite Party Judgment January 15, 1990. Result: The application for quashing the proceedings is summarily rejected. Cases Referred to- 27 DLR 55 (11); 29 DLR ..Category: Procedural Law | Date: | Hits: 117
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