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Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
....ng two separate written statements denying the material allegations made in the plaint. After service of summons the suit was fixed for hearing on 20.9.1983 and the petitioners filed hajira on that date. But the suit was dismissed for default as the plaintiffs did not appear at the time when the s......le is discharged without any order as to costs and the suit is restored to its file and number and the order impugned is affirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ...... order of dismissal of the Miscellaneous Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and others for declaration of title to the disputed land and pond on various pleas. The petitioners contested t..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
.....- This Rule arises out of an application under sections 435/439(1) of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Netrokona, dated 4.9.86 refusing to admit Criminal Appeal No.58 of 1986 as time barred arising out of convictio......hrough the impugned judgment and the order of conviction and sentence and the papers on records, submitted, that in the instant case, the trial having taken place in absentia without any service of notice upon the petitioner and the accused petitioner, apart from his memorandum of appeal, having f......1986 as time barred arising out of conviction and sentence passed by the learned Upazila Magistrate, Purbadhala, District Netrokona dated 6.4.86 convicting the petitioner with rigorous imprisonment for one year and to pay a fine of Tk. 1,000/- with a default order and further convicting and sent..Category: Procedural Law | Date: | Hits: 122
....th all the requirements of this Ordinance, shall register the trade union in a prescribed register and issue a registration certificate in the prescribed form within a period of sixty days from the date of receipt of the application. In case the application is found by the Registrar to be deficien......ter by implication without any substance.
There is no merit in this application. Accordingly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
...... passed by the learned Assistant Judge rejecting an application made under Order 7, rule 11 CPC.
2. The petitioners filed the application under Order 7, rule 11 CPC in the Court of Assistant Judge for rejecting the plaint of other Suit No.233 of 1988 instituted by the opposite party No.1 for decl..
Category: Labour and Industrial Law | Date: | Hits: 178
Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....order of conviction and sentence passed by the learned Divisional Special Judge. Additional Court, Rajshahi Division, Rajshahi in Special Case No.24 of 1979. The learned Special Judge by his judgment dated 30‑11‑82 found this appellant guilty of the charge under section 409 of the Penal Code and......e record by that Court from this Court for the purpose of disposal of the case. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 206. ......4 of 1979. The learned Special Judge by his judgment dated 30‑11‑82 found this appellant guilty of the charge under section 409 of the Penal Code and sentenced him to suffer rigorous imprisonment for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9 months ..Category: Criminal Law | Date: | Hits: 98
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....er Amalendu Majumder was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the proceedings in GR Case No.23 of 1989 arising out of Nesarabad PS Case No.2 dated 30‑6‑99 under section 409 of the Penal Code read with section 5(2) of Act II of 1947 pendi......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ......No. 331 9 of 1991. Judgment Abdul Karim J. - This Rule at the instance of accused petitioner Amalendu Majumder was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the proceedings in GR Case No.23 of 1989 arising out of Nesarabad PS Case No.2 date..Category: Criminal Law | Date: | Hits: 97
Crescent Jute Mills Company Ltd. Vs. Chairman, Labour Court and another, 1996, 25 CLC (HCD)
.... petitioner Crescent Jute Mills Company Ltd. was issued calling upon the respondents Chairman, Labour Court, Khu1na and the complainant Md. Abdul Hoque Khan to show cause as to why judgment and order dated 30‑1‑1988 passed by the Labour Court, in Misc. Case No. 19 of 1985 should not be declared ......rt constituted under the said Ordinance is the Labour Court. Clauses (c) and (d) of section 25 of the said Act are as follows: "(c) On receipt of any complaint under clause(b), the Court, after notice and giving the parties hearing may decide the matter; (d) In deciding the matter the Court....... ..Category: Labour and Industrial Law | Date: | Hits: 177
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
....acts and circumstances of the case we find no merit in this Rule. In the result, the Rule is discharged without any order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 199. ......al Corporation and he was allotted accommodation in the Gulshan Taltala Sweeper Colony by respondent No.1 and as such attempt for his eviction from the said accommodation on 20‑4‑89 without prior notice and by force is not only illegal but also violative of the fundamental right to life and huma......ant thereto should not be declared to be illegal and without lawful authority and why a direction shall not be given to respondent Nos.1 to 7 and 9 not to evict the petitioner. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that the petit..Category: Constitutional Law | Date: | Hits: 369
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....along with her children and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the case of the petitioner that in connection with Dhanmondi PS Case No. 10(10) 96 dated 12‑10‑96 the aforesaid house was encircled by the police and they wanted to search the hou......tan Magistrate, Dhaka accused petitioner Mrs. Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 189.......and husband Khondaker Abdur Rashid and also with domestic employees and servants. It is also the case of the petitioner that in connection with Dhanmondi PS Case No. 10(10) 96 dated 12‑10‑96 the aforesaid house was encircled by the police and they wanted to search the house to find out the husba..Category: Criminal Law | Date: | Hits: 89
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....fter through to the filing of this Death Reference. Nitai alias Sohel is found to have been absconding after being granted bail initially and such bail was eventually cancelled on 4-5-2003. 3. The date and time of occurrence of the offences, and as emerges from the First Information Report (FIR),......o the case of one Badshah who later emerges as the P.W.5 in this case and also a victim of the offence under section 307 read with section 34. In fact, Badshah's revelations put the informant SI on notice of the fact that the unidentified body found on 25-9-1997 is of a victim who fall prey to a c......cted the provisions of section 374 of the Code of Criminal Procedure ("the Code") requiring such sentence to be confirmed by this Court. The case record together with the judgment having been, therefore, sent to this Court, this Court registered the same as Death Reference No.139 of 2005. This is ..Category: Criminal Law | Date: | Hits: 131
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....ion No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions of section 4 of t......ision taken in a meeting held on 8‑4‑2003 (Annexure H‑I). Being aggrieved by all these conducts, to the petitioners, the Commissioners elected in the reserved seats, were constrained to issue a notice on 30‑4‑2003, through their learned Advocate, demanding justice, in canceling and or resc......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o..Category: Constitutional Law | Date: | Hits: 443
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....annas share who died leaving behind 3 sons named Kazemuddin Shah, Azizuddin Shah and Meseruddin Shah and a daughter Khatemunnessa. Kazemuddin Shah sold 31/2 decimals of land by registered kabala deed dated 5-11-59 from plot No.4568 in favour of the defendant petitioner Abdul Jalil and handed over po......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The shor..Category: Civil Law | Date: | Hits: 154
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....M.G. Bhuiyan, Advocate-on-Record-For Respondent No.1 (In both the appeals) Not represented-Respondent Nos. 2-5 (In both the appeals) Civil Appeal No. 45 of 1993. (From the judgment and order dated 1st September, 1992 passed by the High Court Division in First Appeal No.138 of 1990). Wit......ong question, namely, whether proper procedure was followed in initially taking over the control and management of the suit property under Acting President's Order No.1 of 1972 and whether show cause notice was served and lease was cancelled and proceeded to answer these wrong questions wrongly, bec......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... for attachment of the project properties before judgment which was allowed and against that order of attachment the petitioner company filed Writ Petition No.3285 of 1996 wherein the impugned orders dated 18‑4‑1996 and 21‑4‑1996 passed by the learned Subordinate Judge and Artha Rin Adalat w......ncerned and hand over the possession of the same to the present petitioner but since it was never under lock and key the petitioner was directed to run the Mill. It further appears that the BSRS by a notice under reference No.17.03.09.05/6943 dated 12‑10‑92 under Article 34 of the BSRS Order, 19......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....arker and Rokeya Begum, maid servant of that house they informed that some unknown persons killed the victim Hanif Sarker. Upon lodging the First Information Report the present Tongi P.S. Case No. 26 dated 25.8.2003 under Section 302/34 of the Penal Code was started. 3. The Police after investiga...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. Saifuddin Mahmud and Md. Zahirul Islam - for the condemned-prisoners (In Death Reference No. 20 of 2008). Nahid Sultana, State Defence Law..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....earned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, calling in question the legality and propriety of the order dated 20.2.91 passed by the Subordinate Judge and Commercial Court No.1, Dhaka, in Title Appeal No.3...... Judgment Abdul Hasib J. - This matter appears to be a Single Bench matter but since the Rule was issued by a Division Bench and since the valuation of the suit and the application came to our notice after conclusion of the hearing we have decided to give judgment in this case. The learned Ad......ssued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS D..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
....to this Court may seem fit and proper." 2. In this case election of Chairman of Cox's Bazar Sadar Upazila was held on 18.3.1990. The petitioner and respondent Nos.2‑7 were the contesting candidates. On 18.3.90 polling was adjourned in 4(four) centres and subsequently repolling was held there......ment dated 25.6.1989 passed in Civil Petition No. 280 of 1989. In a recent decision in the case of Abdul Hamid Khan Vs. Miah Nurul Islam and others, reported in 42 DLR (AD) 49, the Appellate Division noticed that High Court Division in exercise of writ jurisdiction interfered with the decision of th......vernment Primary School centre, due to serious disturbance, polling could not be held and the Presiding Officer adjourned the poll at 10‑00 AM and sent a written request to the Magistrate concerned for going there with force; that the Magistrate on reaching there at about 2‑10 PM with police for..Category: Election Law | Date: | Hits: 177
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....e ‑ For the State. Jail Appeal No.67 of 1988. Judgment Qazi Shafiuddin J.- This Death Reference was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sec......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......e was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmation of the death sentence of accused‑condemned prisoners namely, 1. Mostain Mollah, 2..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....form such person of his right of making such representation and to afford the earliest opportunity of doing so. The communication must be made as early as possible but not later than 15 days from the date of detention. 13. From Annexure‑B to the petition it appears that the grounds were supp......” 47. Bearing in mind the past record and antecedent of the detenu and in the light of the grounds conveyed to the detenu and the materials placed before this Court together with taking judicial notice of the surrounding facts prevailed in the country including mass upsurge immediately before t......or the Respondents. Writ Petition No. 147 of 1991. Judgment Abdul Jalil J. - This rule nisi, at the instance of one Mostafizur Rahman, a relation of the detenu Hussain Mohammad Ershad, former President Bangladesh, was issued calling upon the respondents to show cause why the detenu Hu..Category: Criminal Law | Date: | Hits: 113
Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)
....against him is illegal. It appears that an order of acquittal was recorded on 25.1.89 under the signature of Mr. Dabiruddin Shaikh, the then Special Tribunal No. II Bagerhat. Subsequently by order dated 17.9.89 Special Tribunal No. II Bagerhat Mr. Md. Abdur Rashid Miah, who succeeded Mr. Dabirudd......rder dated 17.9.89 Special Tribunal No. II Bagerhat Mr. Md. Abdur Rashid Miah, who succeeded Mr. Dabiruddin Shaikh set aside the said order dated 25.1.89 acquitting the accused petitioner. Thereafter notice was issued to the accused petitioner to appear before the said Tribunal. Subsequently on 18.8...... Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribu..Category: Criminal Law | Date: | Hits: 73
.... who was the Managing Director of Sadharan Bima Corporation up to 1.2.88. He was arrested from his residence at Uttara Model Town on 14.11.88. The District Magistrate, Dhaka by an order of the same date detained him for a period of 30 days from the date of service thereof purportedly under secti......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......Court was issued calling upon the opposite party No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Central Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully violating and disregarding the orders of this Court to relea..
Category: Criminal Law | Date: | Hits: 124
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