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Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......sta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. Lawyers Involved: Kazi AT Monowaruddin, Advocate ‑ For the Pe......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......other Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. Lawyers Involved: Kazi AT Monowaruddin, Advocate ‑ For the Petitioner. Mahmudul Islam ..

Category: Labour and Industrial Law | Date: | Hits: 176

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ...... J.- This reference being Death Reference No.40 of 1991 has been submitted under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Manikganj in Sessions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......ssir Husain J State...................Petitioner Vs. Abul Kalam Azad........................Opposite Party Judgment May 31, 1995. Result: The Death Reference is rejected. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney­ General ‑ For the State. Syed Zi..

Category: Criminal Law | Date: | Hits: 125

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ...... Karim, Advocate ‑ For the Party No.2. Criminal Miscellaneous Case No.1884 of 1994. Judgment Md. Gholam Rabbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court ...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......abbani J Syed Amirul Islam J Liton................petitioner Vs. State and others..................Opposite parties Judgment March 29, 1995. Result: The Rule is discharged. Lawyers Involved: SK Atiar Rahman, Advocate – For the Petitioner. AKM Shamsul Karim, Assista..

Category: Procedural Law | Date: | Hits: 140

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ...... SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgmen......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ........................Appellant Vs. Dr. Md. Golam Nabi and another……………………………………….Respondents Judgment November 3, 1994. Result: The appeal is allowed. Lawyers Involved: TH Khan with Abdul Awal and Amir Hossain Raihan, Advocates - For the Appellant...

Category: Others | Date: | Hits: 139

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......o Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......ad Ershad [former President Lieutenant General (Rtd.)]..............Petitioner Vs. State ............Opposite Party Judgment November 9, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbub Hossain with Golam Kibria, Md. Afzal Hossain, Md. Harun‑or‑..

Category: Criminal Law | Date: | Hits: 121

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......inistry of the Government of the People's Republic of Bangladesh. 2. The Petitioner filed Miscellaneous Cases No.22‑26 of 1984 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the gr......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......hers.............Respondents Judgment May 21, 1995. Result: The application is rejected. Case Referred to- MA Hai and others Vs. Trading Corporation of Bangladesh, 8 BLD 84 (AD). Lawyers Involved: Md. Abu Bakr Siddique, Advocate - For the Petitioners. Writ Petition No. 924..

Category: Property Law | Date: | Hits: 95

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......ioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Pen......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90..............opposite Party Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. Lawyers Involved: Abdul Baset, Mojumder Advocate ‑ For the Petitioners. Abdus Salam Mamun, A..

Category: Criminal Law | Date: | Hits: 112

Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)

....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......n No. 471 of 1989. Judgment Md. Hamidul Haque J.- This Rule at the instance at the accused Petitioners of CR Case No. 28/85 pending in the Court of Upazila Magistrate, Chakoria, Cox's Bazar, is for quashing that proceedings. 2. Facts relevant are, that a case under section 144 of the Code o......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ....................Petitioners Vs. State & others.................Opposite Parties Judgment November 23, 1995. Result: The Rule is discharged and the order of stay stands vacated. Lawyers Involved: Mustafa Niaz Mahmud, Advocate ‑ For the petitioner. SC Das, Advocate ‑ F..

Category: Procedural Law | Date: | Hits: 109

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

.... obtain under the revived Article 102(2) of the suspended Constitution of the People's Re­public of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon the respondent to show cause why the judgment and order d......rd Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts neces­sary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., a com­pany incorp......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......mp; another, 29 DLR 148; M/s. M.M. Ispahani Ltd. Vs. Chairman, 2nd Labour Court, Chittagong and others, 19 DLR 612; Raj Textile Mills Ltd. Vs. Chairman, Labour Court, Khulna and others 33 DLR 376. Lawyers Involved: Khalilur Rahman, with S. Abul Hossain, Advocates-For the Petitioner. Waliul ..

Category: Procedural Law | Date: | Hits: 180

Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......ioners. Md. Nizamul Huq, Advocate - For the Opposite Party No.1 (a). Civil Revision No. 444 of 1970. (In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8....... Cases Referred to- Ananta Kumar Sarkar and another Vs. Meghu Kurmi & others, 61 CWN 347; Sana Mia and another Vs. Prokash Chandra Bhattacharjya and others, AIR 1940 Cal. 464-44 CWN 895. Lawyers Involved: A.K. Badrul Huq, Advocate - For the Petitioners. Md. Nizamul Huq, Advocate ..

Category: Property Law | Date: | Hits: 119

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......215. Lawyers Involved: Md. Abdus Sobhan, Advocate - For Petitioner. M. Shamsul Alam, Advocate - For Opposite Party No.1. Civil Revision No. 45 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 1908......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6......................................Opposite-Parties Judgment August 25, 1986. Result: The Rule is discharged. Case Referred to- Union of India Vs. Ram Charan, A.I.R. 1964 (S.C.) 215. Lawyers Involved: Md. Abdus Sobhan, Advocate - For Petitioner. M. Shamsul Alam, Advocate - For..

Category: Civil Law | Date: | Hits: 121

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....ule obtained under the under revived Article 102 (2) of the suspended Constitution of the People’s Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon respondent to show cause why the continued refusal by the......07.1983, but it failed to do so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with section 281 (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1.......other...............Petitioner Vs. Registrar, Joint Stock Companies and another...............................Respondent Judgment July 8, 1986. Result: The Rule is made absolute. Lawyers Involved: Dr. M. Zahir, with M. Hasan, Advocate - For the Petitioners. Md. Delwar Hoss..

Category: Company Law | Date: | Hits: 306

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......bin Crew Vs. Bangladesh Biman Sramik Union and others, 45 DLR (AD) 122; Air India Vs. Nergesh Meerza and others, AIR 1981 (SC) 1829; Mr. Neera Mathur Vs. Life Insurance Corporation, 1992 (SC) 392. Lawyers Involved: Asrarul Hossain with Mvi. Md. Wahidullah and Iftekher Ahmed, Advocate ‑ For t..

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

.... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......rning Body of the said college, in its meeting held on 9.9.81 with effect from 6.8.81 and the respondent No.3 also asked the petitioner to show cause as to why he should not be dismissed from service for his continuous absence from duties and also for serving as a teacher of another college during h...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......li...........Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others..........Respondent Judgment August 29, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbubuddin Ahmed with Khandker AM Mohsenuddin, Advocates - For the pe..

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ocate ‑ For the Respondent Nos. 4‑10. Writ Petition No.1900 of 1990. Judgment Md. Ruhul Amin J.- The Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule responden......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ers..............Petitioners Vs. Dhaka Water Supply and Sewerage Authority & others............Respondents Judgment August 2, 1995. Result: The Rule is partly made absolute. Lawyers Involved: Khondker Mahbubuddin Ahmed, with Khondker AM Mohsenuddin, Advocates ‑ For the..

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......the said Dargah Sharif was managed by the Committee set up by the local Muslims, Hazrat Shah Mostafa was one of the 360 companion Awalias of Hazrat Pir Shah Jalal (RM) and carried the banner of Islam for the first time to Moulvi Bazar and preached the religion for the rest of his life residing there......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......0, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Involved: A J Mohammad Ali with Md. Alauddin Biswas, Advocates ‑ For the Petitioners. ..

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

.... "There may be further developments or apprehension of developments which the Government may; are to take note of and finally when the Council of Ministers decides and advise the President to issue a Proclamation under Article 356 the Court will be debarred from enquiry into the advice that was ment......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108....... State of Rajesthan Vs. Union India, 1972 (SC) 1977 (SC) 1361; Deypack System Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; SP Gupta and others Vs. President of India, 1982 (SC) 149; Kuruma Vs. Queen, Law Report (1955) AC 197 (PC); Abdul Quder Chowdhury and others Vs. State, 28 DLR (AD) 38. Lawyer..

Category: Criminal Law | Date: | Hits: 111

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Proce­dure or whether he shall be deemed to be an Ad­ditional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......sub-section (2). 103. Thus, evidently since 23rd of July, 1958 till 21st of August, 1982, when the Code of Crimi­nal Procedure (Second Amendment) Ordinance, 1982 was promulgated by the then Chief Martial Law Ad­ministrator, the Assistant Sessions Judges were em­powered to hear and dispose of c......, AIR 1973 (SC) 1016; 1984 BLD 250; Mullins Vs. Treasurer of Surrey, (188) 5 QBD 170; West Derby Union Vs. Metropoli­tan Life Assurance Society, (1987) AC 647; R.V. Dibdin, (1910) (Prob. Dn.) 57. Lawyers Involved: Md. Ruhul Amin-II - For the Petitioner. Md. Ruhul Amin - For the Opposite P..

Category: Criminal Law | Date: | Hits: 158

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ...... is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The facts relevant for the disposal of this appeal are as follows. The respondents instituted the aforesaid O.C. Suit N......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......her............................Appellants Vs. Khoda Box Mollah & others..............................Respondents Judgment August 18, 1987. Result: The Rule is made absolute. Lawyers Involved: Miah Abdul Gafur, Advocate - For the Appellant. Mahmudul Islam with Kazi Eb..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ...... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rah­man J.- The petitioner obtained this Rule against an or­der of amendment of the plaint, acceptance of valua­tion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for dec......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......th Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sahib Vs. Adam Sahib, 1977 Mad. 368; India Cable Co. Ltd. Vs. The Union of India, 1976 Pat.76; M/s. Ganesh Trading Co. Ltd. Vs. Moji Ram 1978 (SC) 484. Lawyers Involved: S.C. Das with Rabi Sankar Chakraborty, Advo­cates - For the Petitioners. Mo..

Category: Procedural Law | Date: | Hits: 133