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Aysha Begum and others Vs. Mozibur Rahman, 2010, 39 CLC (HCD)

....is allowed. The impugned order passed by the learned Joint District Judge is set aside. There shall, however be, no order as to cost. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 160. ......- For the Respondent No.1.  First Miscellaneous Appeal No.141 of 2009. Judgment M. Moazzam Husain J.- This appeal, at the instance of the defendant Nos.1-4, arises out of a judgment and order dated 23-4-2009 passed by the learned Joint District Judge, First Court, Chittagong, in Other ..

Category: Civil Law | Date: | Hits: 126

Shaukat Ali and another Vs. Chairman, Labour Court, Khulna and others, 1992, 21 CLC (HCD)

....f Labour (Standing Orders) Act, 1965. With the aforesaid observation the rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 410. ......ations by Mr. Shaukat Ali in Writ Petition No.305/87 and by Mr. Abdul Matin in Writ Petition No. 306/87 under Article 102 of the Constitution the respondents were asked to show cause why the impugned order dated 18.2.87 (Annexure F) passed in complaint case Nos. 47/85 and 46/85 by the Chairman, Labo..

Category: Labour and Industrial Law | Date: | Hits: 182

Junnur Rahman (Md.) Vs. Bangladesh Shilpa Rin Sangstha (BSRS) and others, 1997, 26 CLC (HCD)

....at the marking system introduced by the answering respondents are ultra vires to the service Rules and BSRS Order. It is stated that the marking system needs to be introduced with the approval of the Government and after publication in the official gazette. In the absence of approval of the Governme...... dated 18-3-96 (Annexure-1) containing promotion on 9-3-83 to the post of Principal Officer (PO) and thereafter on 24-10-88 to the post of Senior Principal criteria of officers of BSRS and the office order No.29/96 dated 1-6-96 (Annexure-K) promoting respondent Nos. 4-8 to the post of Assistant Gene..

Category: Employment/Service Law | Date: | Hits: 194

Gazi Jashimuddin Vs. Bangladesh & others, 1997, 26 CLC (HCD)

....al Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Gazi Jashimuddin……………Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of Bangladesh, Bangladesh Secretariat, Dhaka & others……………Respondents Ju......service of the Republic’, (Article 29) having been violated in the instant case, the petitioner is entitled to a writ of mandamus from this Court, directing the respondents to rectify their illegal order. Article 27 is to the effect: “All citizens are equal before law and are entitled to e..

Category: Employment/Service Law | Date: | Hits: 194

State Vs. Tutul & Fazlur Rahman @ Badal and others, 2011, 40 CLC (HCD)

....fan be discharged from his bail bond. Send down the Lower Court Records, along with a copy of this, judgment and order, at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 516. ...................Respondent Judgment May 8, 9, 10, 11 and 12, 2011. Result: The Death Reference is rejected and the Jail Appeals and Criminal Appeals are allowed and the impugned judgment and order of conviction and sentence is set aside. Cases Referred to- Gupal Rajgor and others Vs. ..

Category: Criminal Law | Date: | Hits: 98

Ali Hossain and others Vs. State & others, 1984, 13 CLC (HCD)

....o be Additional Sessions Judge, Patiya, Chittagong in Criminal Motion No.973 of 1982 is set aside. Syed Mohammed Ali J.—I agree. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 111. ......sain, Deputy Attorney General—For the State. Criminal Revision No.185 of 1983. Judgment Mohammad Habibur Rahman J.—This Rule under section 439 Cr.P.C is directed against the judgment and order passed by Mr. Md. Amir Hossain, Assistant Sessions Judge deemed to be Additional Sessions Judg..

Category: Procedural Law | Date: | Hits: 130

Nazir Ahmed & Others Vs. Yonus Meah & Others, 1984, 13 CLC (HCD)

....essions Divisions within which the District is situate shall be deemed to have been ap­pointed as Additional Sessions Judges of that Division. By Notification No.ED/FA-52/82-466 dated 08.09.1982 the Government inves­ted all Additional District Magistrates with powers to try as Magistrate all offen......e. 2. On application filed by the second party petitioners and after obtaining a report from the local Municipal Commissioner the Sub-Divisional Magistrate, North, Chittagong drew up proceeding by order dated 04.06.1977 under section 145 Cr.P.C. restraining both the first party opposite parties a..

Category: Procedural Law | Date: | Hits: 116

Md. Siddiqur Rahman and others Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....   High Court Division   (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Siddiqur Rahman and others ...Petitioners Vs. Government of the People’s Republic of Bangladesh represented by the Secretary, Ministry of Libera......ther disable freedom fighters had filed Writ Petition No.2183 of 2004 against stoppage of state honorarium, which the High Court Division declared illegal and without lawful authority by judgment and order dated 7.6.2007. Against the said judgment, the Chairman of the Trust moved Civil Petition for ..

Category: Constitutional Law | Date: | Hits: 237

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

....In proper cases an inordinate delay in the execution of the death sentence may be regarded as a ground for com­muting it but that is no rule of law and is a matter primarily for consideration of the Government on a mercy petition submitted by the condemned prisoner. If the Court has to exercise a d......ame are not true and voluntary. 8. The learned Additional Sessions Judge, First Court, Gazipur having heard both the parties and considered the materials on record passed the impugned judgment and order of con­viction and sentence dated 27.2.2008 convicting all the above named 5 accused persons ..

Category: Criminal Law | Date: | Hits: 99

Dulal Miah @ Dulal @ Nurun Nabi Vs. Ruhul Amin and others, 1998, 27 CLC (HCD)

....he medical certificate and X‑ray report only and on the basis of other evidence already on record. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 618. ...... 1987. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the informant petitioners Dulal Miah calling upon the accused opposite parties to show cause as to why judgment and order dated 5‑7‑1987 passed by the Additional Sessions Judge, Noakhali in Sessions Case No.41 of..

Category: Criminal Law | Date: | Hits: 76

Moslem Ahmed Sarker (Md.) alias Muslim Ahmed Vs. Abdul Khaleque and others, 1998, 27 CLC (HCD)

....ocedure. In the result, the Rule fails and it is discharged without my order as to costs. Let the LC records be sent down at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 616. ......‑ For the Petitioner. Syed Mahmud Hossain, Advocate ‑ For Opposite Parties. Civil Revision No.2250 of 1994. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 31‑3‑94 passed by the learned District Judge, Comilla in Miscellaneous Appeal (pre­..

Category: Property Law | Date: | Hits: 91

AKM Abu Sayed Chowdhury Vs. AKM Abdul Wahed Chowdhury and others, 2011, 40 CLC (HCD)

....al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ......al power. In the result the revision fails and the Rule is discharged without any Order as to cost. Sent down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 298. ..

Category: Procedural Law | Date: | Hits: 110

Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)

....d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......ich however was dismissed for default. Thereafter, the petitioner Mrs. Nadira Rah­man preferred Civil Revision No.1429 of 1977 before this Court which was disposed of by the Court with the following order: "Heard the learned Advocates of both sides. The petitioner can get relief under Order 47, ..

Category: Trust/Waqf Law | Date: | Hits: 134

Nazmul Hossain (Md.) Vs. State, represented by the Deputy Commissioner, Patuakhali and others, 1992, 21 CLC (HCD)

.......Respondents Judgment August 10, 1992. Result: The Rule is made absolute. Cases Referred to- Anisminic Vs. Foreign Compensation, etc., 1969 All England Law Reports, 208; Arman Vs. Government of Ghana Ridge Vs. Baldwin & others, 1963 (2) All England Law Reports, 66; Nasiruddin......991. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under Article 102(2)(b)(1) of the Constitution of the People's Republic of Bangladesh and is directed against an order and Judgment dated 18‑8‑78 passed by the Sessions Judge, Patuakhali confirming the convict..

Category: Criminal Law | Date: | Hits: 84

Rezaul Karim Vs. Rashida Begum and another, 1995, 24 CLC (HCD)

....usted consequent to the establishment of the Family Courts. 11. Decisions of the Supreme Court of Pakistan reported in PLD 1969 SC 187 and 1971 SCMR 150rest on the basic fact that under section 20 Government of Pakistan may invest any Judge of a Family Court with the power of a Magistrate to make......oner Rezaul Karim. She filed an application being Miscellaneous Case No.145 of 1987 under section 488 CrPC demanding maintenance from her husband for herself and her minor daughter. Ultimately by the order dated 18‑7-88 the learned Magistrate directed the husband to pay Taka 200.00 and Taka 100.00..

Category: Family Law | Date: | Hits: 133

Siddique (Md.) Vs. Yeakuti Begum and others, 1997, 26 CLC (HCD)

.... There will be no order as to costs. Let a copy of this order be sent to the learned Subordinate Judge, 2nd Court, Dhaka forthwith. Ed. This case is also Reported in:49 DLR (HCD) (1997) 402. ...... Appellant. No one‑For the Respondents. First Miscellaneous Appeal No.266 of 1992. Judgment     Gour Gopal Saha J.- This appeal is directed against the Judgment and order dated 13‑8‑1992 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Miscellaneous..

Category: Procedural Law | Date: | Hits: 88

Wahidullah Majumder Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....) 400. ......Motiur Rahman, Advocate ‑ For Respondent Nos.1 & 2. Writ Petition No.1135 of 1994. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned order No.43/94 dated 20‑2‑94 passed by the Collector of Customs and Excise (Appeal), Chittagong ..

Category: Administrative Law | Date: | Hits: 192

Motleb Molla (Md.) Vs. Dost Mohammad and others, 1997, 26 CLC (HCD)

....gment. The petitioner is also directed to take all possible steps in that behalf. Send down the record to the trial Court at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 613. ......affirming those dated 29‑9‑85 and 4‑11‑85 passed by the learned Munsif (now Assistant Judge) Bagha, Rajshahi in Other Class Suit No.52 of 1985 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Briefly stated, the facts for..

Category: Property Law | Date: | Hits: 77

Bazlur Rahman Sikder Vs. Tahera Begum Shamima, 1998, 27 CLC (HCD)

....f maintenance excessive or in any way contrary to law. We, therefore, find no merit in this application, which is summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 612. ......appellate Court further, allowed Taka 2,000.00 a month on account of maintenance of the two minor sons till attainment of majority by them. The present revisional application is directed against this order of the appellate Court directing maintenance for two minor sons, who have been living with the..

Category: Family Law | Date: | Hits: 136

Signage Vs. Commissioner of Customs and others, 2010, 39 CLC (HCD)

....10. Result: The rule is made absolute in part. Cases Referred to- Intertek Testing Services International Limited Vs. National Board of Revenue, 55 DLR 691; Chemico Laboratories Ltd. Vs. Government of Bangladesh, 11 MLR (AD) 192; Megh Rai Vs. Rupchand Uttamch, AIR 1946 Lahore (Full Benc......d by the respondent No.4 refusing to allocate and fix a separate service code should not be declared to have been made without lawful authority and are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. The relevant facts for dispos..

Category: Fiscal/Taxation Law | Date: | Hits: 168