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Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......site party to show cause as to why they should not be enlarged on anticipatory bail in GR Case No.21 of 1998 pending in the Court of the Magistrate, 1st Class, Barisal. 2. Rule is opposed by the informant by filing affidavit-in-opposition and supplementary Affidavit-in-Opposition. In reply theret......ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506...

Category: Criminal Law | Date: | Hits: 84

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ...... passed by the Subordinate Judge and Artha Rin Adalat, 4th Court, Dhaka in Title Execution Case No.20 of 1997 rejecting the application of the petitioners under section 151 of Code of Civil Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts ......ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ..

Category: Civil Law | Date: | Hits: 66

Shahidul Islam Vs. Mahbubul Alam and others, 1999, 18 CLC (HCD)

....nce and by filing separate affidavits-in-opposition tendered unqualified apology. 2. On 15-2-99 this Court issued Rule Nisi in Writ Petition No.545 of 1999 filed by the petitioner calling upon the Bangladesh Bank and two others to show cause as to why order dated 30-8-98 so far as clause No.6 of ......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485....... Kazi Ebadul Haque J.- This Rule was issued calling upon the Mr. Mahbubul Alam, Editor of the Independent, Mr. KG Mustafa, Editor of the Muktakantha and Mr. Iqbal Ahmed, Publisher and Printer of the aforesaid two newspapers to show cause as to why they should not be punished for committing contempt ......ified apology with the above direction to publish this judgment on the front page of the respective newspaper within 15 days from date. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 485...

Category: Criminal Law | Date: | Hits: 69

Shaikh Jahangir Hossain Vs. Government of Bangla­desh and others, 2001, 30 CLC (HCD)

....rt, Dhaka, in Title Suit No.258 of 1952, in decreeing the suit. 2. One Sheikh Jahangir Hossain instituted the suit against the Secretary, Railway Division, Ministry of Communication, Government of Bangladesh and 7 others, praying for a declaration that the impugned order dated 4‑8‑1992 passed......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......ossain…………………………………..………..Appellant Vs. Government of Bangla­desh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Pic......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ..

Category: Civil Law | Date: | Hits: 82

Almas Miah Vs. State, 2002, 31 CLC (HCD)

....d P.W.6 have corroborated the informant that said note was recovered from the possession of the appellant and witnessed the seizure thereof by the police. P.W.3 testified that he sent the note to the Bangladesh Bank for examination and report, which reported that it was forged. We could not however,......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ......, Assistant Sessions Judge, Court No.2 at Narsingdi in Session Case No.36 of 1997, which convicted the appellant under section 489B of the Penal Code and sentenced him to suffer rigorous imprisonment for ten years and also to pay a fine of Taka 1,000 in default to suffer further period of three mont......ppellant is acquitted from the charge. Let the appellant be set at liberty if he is not wanted in any other case. Send down the records. Ed. This Case is also Reported in: 55 DLR (2003) 403. ..

Category: Criminal Law | Date: | Hits: 87

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....ocate and President of the District Bar Association, Lalmonirhat who is associated with different humanitarian organisations of the District. He also submits that the detenu is the Joint Secretary of Bangladesh Awami League, Lalmonirhat District Unit and due to his involvement in politics his oppone......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ......n an application under section 491 of the Code of Criminal Procedure was issued calling upon the opposite parties to show cause as to why the detenu Advocate Md. Matiar Rahman should not be brought before this court so that it may satisfy itself that the detenu is not being held in custody without l......monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ..

Category: Criminal Law | Date: | Hits: 69

Government of Bangladesh and others Vs. Md. Shafiqur Rahman, 2011, 40 CLC (AD)

....nt: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J Government of Bangladesh and others………............Petitioners Vs. Md. Shafiqur Rahman…….................Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572.......y General instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. Salahuddin Dolan, Advocate instructed by Zahirul Islam, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No.1688 of 2010. (From the judgment and order dated the 18th and 19th Novembe......Wit Petition No.3969 be stayed till hearing of the appeal. The appellants are directed to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 572...

Category: Employment/Service Law | Date: | Hits: 86

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....ppellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammed Mamtaz Uddin Ahmed J Md. Shamsul Huda J Bangladesh Chemical Industries Corporation (BCIC) and another ..........Petitioners Vs. Zia Fe......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......cord-For the petitioners. Dr. M. Zahir, Senior advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For respondent No.1. Not represented-For respondents No. 2 & 3. Civil Petition for Leave to Appeal No.460 of 2010. (From the judgment and order dated 24.11.2009 passed by the H......all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ..

Category: Company Law | Date: | Hits: 366

Chief Engineer, the Local Government and Engineering Department Vs. Md. Parvez Nawaz Khan and others, 2011, 40 CLC (AD)

....are all graduate civil engineers and are all presently employed as Assistant Engineers in different Development Projects of the Local Government Engineering Department (in short, the LGED) throughout Bangladesh. Some of the petitioners were transferred from one project to another and there was no br......e on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562.......011). Not represented-Respondent Nos.3-17, 21, 23-27, & 29-5 (In Civil Petition No. 960 of 2011). Not represented-For the Respondents (In Civil Petition No. 959 of 2011). Civil Petition for Leave to Appeal Nos. 944-46 of 2011. (From the judgment and order dated 13.12.2010 passed by ......e on proper appreciation of laws and facts do not call for interfer­ence. Accordingly, all the leave petitions are summarily dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 562...

Category: Employment/Service Law | Date: | Hits: 66

Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)

....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......n Case No. 30 of 1998 (Annexure-3) should not be declare to have been made without any lawful authority and of no legal effect. 2. After placing the petition and impugned Judgment learned Advocate for the petitioner submitted that respondent No.1 member, Labour Appellate Tribunal acted illegally ......he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284...

Category: Labour and Industrial Law | Date: | Hits: 168

AKM Muhituddin Vs. State, 1999, 18 CLC (HCD)

.... follows: 3. (1) Notwithstanding anything contained in the Police Act, 1861, the Government may constitute a Bureau to be called the Bureau of Anti-Corruption for enquiry into and investigation in Bangladesh of the offences specified in the schedule and offences notified by the Government. (2)...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274.......to submit statement of properties, movable and immovable, in his name or in Benami, in the name of his wife and in the name of the persons dependent on him as well as of liabilities in the prescribed form within the specified time. Petitioner submitted statement on 30-5-1989. The Bureau again served...... substance. In view of the discussion made above the Rule is discharged. Send down the LC records at once to the court concerned. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 274...

Category: Criminal Law | Date: | Hits: 62

Ali Akbar (Md.) Vs. State and others, 1998, 17 CLC (HCD)

....ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ......Amicus Curiae. MA Wahab Miah, Advocate —For the Opposite Party Nos. 2-7. Criminal Revision No. 3109 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant-petitioner Md. Ali Akbar calling upon the accused opposite parties to show cause as to why j......ice and Parliamentary Affairs for information and necessary action after bringing the judgment to the notice the respective Minister. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 268. ..

Category: Criminal Law | Date: | Hits: 64

Manjurul Haque and 12 others Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and others, 1999, 18 CLC (HCD)

....e Court High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Mozammel Hossain J Manjurul Haque and 12 others……………….Petitioners. Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, and ot......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261.......yed Mohammad Hossain, Advocate—For the Respondent No.6 (In Writ Petition No. 2341 of 1998). Shahabuddin Ahmad, Deputy Attorney-General—For B (In Writ Petition No. 2341 of 1998). Md. Hossain for Abdur Razzaque, Advocate— For the Petitioner (In Writ Petition No. 2927 of 1998). Md. Azizu......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 261...

Category: Civil Law | Date: | Hits: 89

State Vs. MA Wahab, Advocate, 1998, 17 CLC (HCD)

....adul Hoque J.- In this Miscellaneous Case opposite party, Mr. MA Wahab, an Advocate of this Court, was directed by a Division Bench on 29-5-89 to show cause why his name should not be referred to the Bangladesh Bar Council for taking disciplinary action against him for committing the following misco......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257.......Miscellaneous Case opposite party, Mr. MA Wahab, an Advocate of this Court, was directed by a Division Bench on 29-5-89 to show cause why his name should not be referred to the Bangladesh Bar Council for taking disciplinary action against him for committing the following misconduct: “In course of ......iscellaneous Case is disposed of with the above observations and the opposite party is exonerated from the charges brought against him. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 257...

Category: Criminal Law | Date: | Hits: 92

Abul Bashar Shaikh Vs. State, 1996, 25 CLC (HCD)

....m there was no illegality in the impugned judgment. 4. Prosecution case is that, on 20-1-96 in the evening P.W.1 informant Md. Tajul Islam, a probationary SI of Palong PS along with members of the Bangladesh Army led by Major Monir, went to Court para area and arrested the accused therefrom and a...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252.......d order dated 5-11-96 passed by the Special Tribunal, Shariatpur in Special Tribunal Case No.8/96 convicting appellant under section 19A and 19(f) of the Arms Act 1878 and sentencing him to suffer RI for 10 (ten) years and 7(seven) years respectively and directing both the sentences to run concurren...... arrest if he fails to surrender to his bail bound and to remand him to jail custody to serve out the remaining period of his sentence. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 252...

Category: Criminal Law | Date: | Hits: 73

Golam Mostafa Miah (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Establishment and others, 1988, 17 CLC (HCD)

....8.......˜without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248.......apacities at different places. He was Private Secretary to the Minister of Forest, Fisheries and Live Stock from October, 1973 to 9-11-75. He also served as Private Secretary to the Minister of State for Labour and Industrial Affairs from April, 1979 to August, 1979. Thereafter he was appointed Cont......˜without lawful authority and are of no legal effect. In the result the Rule is made absolute without however any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 248...

Category: Employment/Service Law | Date: | Hits: 73

State Vs. Sree Ranjit Kumar Prama­nik, 1990, 19 CLC (HCD)

....is wholly inadequate in law to sustain the order of conviction. He further submitted that the learned Sessions Judge made a mistake by convicting the accused person under both sections 302 and 364 of Bangladesh Penal Code. According to him, this was not tenable as the sections were exclusive of each......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660....... of 1988 (Jessore) Death Reference No.4 of 1991 (Dhaka) Judgment KM Hasan J.- This reference is under section 374 of the Code of Criminal Procedure by Mr. SM Abdus Samad, Sessions Judge, Magura for confirma­tion of the sentence of death of the condemned accused Sree Ranjit Kumar Pramanik pass......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...

Category: Property Law | Date: | Hits: 69

Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)

....ion from another ministry of the government and started construction which is not proper in view of the fact that Ministry of Local Government and Rural Development and Co‑operatives, Government of Bangladesh, is proper authority to accord sanction in a case like this. In view of the above sanctio......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......is the Chairman of Maheshwaripur Union Parishad, Upazila Koyra, District Khulna. Defendant No.1 was the Chairman Khulna Zila Parishad. It is alleged that there is no permanent office building of the aforesaid union parishad and no community centre. The authority concerned decided to construct office......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...

Category: Civil Law | Date: | Hits: 99

Akhtar Hossain Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....urt Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Abdul Hasib J Akhtar Hossain………………………Petitioner Vs. Government of Bangladesh and others………………………Respondents Judgment December 9, 1991. Resu......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ......he Petitioner. AY Salehuzzaman, Deputy Attorney ‑ General For the Respondents. Writ Petition No. 3030 of 1991. Judgment Fazle Hussain Mohammad Habibur Rah­man J.- This petitioner prays for issuance of Rule Nisi calling upon the respondents (1) Secretary, Ministry of LGRD & Co‑op......ke evidence to decide a disputed question of fact brought by the petitioner. In the result this application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 651. ..

Category: Election Law | Date: | Hits: 137

Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)

....rejected. Cases Referred to- Kazi Gowaherul Islam Vs. Standard Co‑operative Society Ltd., 50 DLR 333; Sultana Jute Mills Ltd. Vs. Agrani Bank, 1994 BLD (AD) 196=46 DLR (AD) 174; Islami Bank Bangladesh Limited Vs. Al‑haj Md. Shafiuddin Howlader and another, 2000 BLD (AD) 162=52 DLR (AD) 1...... and others…………..Respondents Judgment March 19, 2003. Result: The writ petition is summarily rejected. Cases Referred to- Kazi Gowaherul Islam Vs. Standard Co‑operative Society Ltd., 50 DLR 333; Sultana Jute Mills Ltd. Vs. Agrani Bank, 1994 BLD (AD) 196=46 DLR (AD) 174......petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur in Money Execution Case No.21 of 1993 rejecting an application for review. 2. Briefly stated, the facts are that the petitioner Bank instituted Money Suit No. 2......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..

Category: Administrative Law | Date: | Hits: 200