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Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)

.... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......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 ...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......resented by the Secretary of the Ministry of Education, and others………………………………………..Respondents Judgment April 28, 2003. Result: The Rule is made absolute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-..

Category: Employment/Service Law | Date: | Hits: 147

Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)

....desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......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 ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......another…………………………Petitioners Vs. Labour Court and others…………………………Respondents Judgment March 31, 2011. Result: The Rule is made absolute. Lawyers Involved: Syed Mayenul Haque with Md. Aminul Hoque, Advocates - For the Petitioners. M..

Category: Labour and Industrial Law | Date: | Hits: 145

Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......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......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......ndents Judgment August 25, 2003. Result: The Rule is made absolute in part. Case Referred to- Bangladesh Co-operatives Insurance Ltd. Vs. Md. AbdulKhaleque Khan, 4 BLC (AD) 136. Lawyers Involved: SM Monir, Advocate - For Petitioners. AF Hasan Ariff with AM Mahbub Uddin, A..

Category: Civil Law | Date: | Hits: 169

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.......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......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.......t May 10, 2003. Result: The Rules in Criminal Miscellaneous Case Nos.6948 and 5341 of 1998 are discharged and the Rule in the Criminal Miscellaneous Case No.4042 of 1998 is made absolute. Lawyers Involved: Shirin Sharmin Chowdhury with Tania Amir and Manzil Morshed, Advocates—For th..

Category: Criminal Law | Date: | Hits: 126

Abdul Majid Vs. State, 2003, 32 CLC (HCD)

....ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486....... 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......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486....... Khaliluddin Vs. State, 1986 BLD (AD) 1; Muslimuddin Vs. State, 38 DLR (AD) 311; Shamsuddin Vs. State, 45 DLR 587; State Vs. Kalu Bepari, 43 DLR 249; Abdul Motleb Howlader Vs. State, 6 BLC (AD) 1. Lawyers Involved: Mujibur Rahman, Advocate—For the Appellant. ABM Waliur Rahman Khan, Assist..

Category: Criminal Law | Date: | Hits: 112

Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)

....is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......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......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......SC) 672; Barendra Kumar Ghosh Vs. King Emperor, 52 IA 40 =AIR 1925 (PC) 1; Sheikh Ahmed Vs. The State 1979 BSCR (Vol. III) at page 417, Abed Ali Vs. the State being Criminal Appeal No.4 of 1989. Lawyers Involved: Sheikh Atiar Rahman with ABM Golam Mazid Advocates—For the Condemned Prisoner..

Category: Criminal Law | Date: | Hits: 147

Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)

....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 ......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. ....... Result: The application for quashing the proceedings is summarily rejected. Cases Referred to- 27 DLR 55 (11); 29 DLR 122 (11); 30 DLR 124 (11); 31 DLR 241 (11); 32 DLR (AD) 35 (11). Lawyers Involved: ABM Nurul Islam, Advocate-For the Petitioner. Not represented-the Opposite P..

Category: Procedural Law | Date: | Hits: 117

Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)

...., we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483........ Abdur Rahim Bhuiyan, Advocate—For the Respondent. Reference Application No.37 of 1995. Judgment Syed Amirul Islam J.-In this reference application the petitioner has framed two questions for our decision, out of which question No.11(a) has not been pressed at the time of hearing and the......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......axes WB III; CIT Vs. Durgaprasad More (1971) 82 ITR 540 (SC); Shankar Industries Vs. CIT (1978) 114 ITR 689 (Cal); Sriram Jhabarmull (Kalimpong) Ltd. Vs. CIT (1967) 64 ITR 314 (Cal); 121 ITR, 891. Lawyers Involved: Habibul Islam Bhuiyan, Advocate—For the Applicant. Md. Abdur Rahim Bhuiyan..

Category: Fiscal/Taxation Law | Date: | Hits: 200

Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)

....ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......tion of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belon......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ...... 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam Vs. Md. Abdur Rashid, 37 DLR (AD) 32; Madhubhai Amthalal Vs. Amthalal Nanalal and others, AIR 1947 (Bombay) 156. Lawyers Involved: M. Shafiullah, Advocate ‑ For the petitioner. Syed Badrul Alam, Advocate ..

Category: Property Law | Date: | Hits: 126

Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)

....se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......ner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Addit......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......gment April 13, 1995. Result: The application is rejected. Case Referred to- Pamulapati Varadayya Vs. Kommareddi Chinnappare Chinnappareddi and another, AIR 1956 Andhra Prodesh 64. Lawyers Involved: AK Badrul Huq, Advocate - For the Respondent No.8 Petitioner. NH Khandker, ..

Category: Limitation Law | Date: | Hits: 211

Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208....... Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for d...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......uit No.492 of 1981 is dismissed. Cases Referred to- Md. Naimuddin Sarder Vs. Md. Abdul Kalam Biswas and another, 39 DLR (AD) 237 and Bangladesh Vs. Israil Ali and others, 1981 BLD (AD) 371. Lawyers Involved: Gour Gopal Saha with Goutam Kumar Roy, Advocates - For the Petitioner. Sha..

Category: Limitation Law | Date: | Hits: 239

Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)

....ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... 94, framing charge against the petitioner Sadesh Chandra Shaha alias Kala alias Kablyya under section 4 of the Anti-Terrorism Act and section 365 of the Penal Code. 2. The short fact as unfolded for the prosecution is, that on7.6.1994 at about 6-30 PM the accused petitioner along with others ki......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ...... State, AIR 1951 (Assam) 17; Ram Charita Rambhakat Vs. Chairman of District Board, AIR 1937 (Cal) 710; AIR 1950 (Mad.) 599; Abdul Halim Pattader and ors Vs. M Rahmat Ali & others, 33 DLR 379. Lawyers Involved: Khondaker Mahbub Hossain, with Golam Kibria and Md. Afzal Hossain, Advocates - ..

Category: Criminal Law | Date: | Hits: 133

Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

.... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......d by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑respondent No.1 Budhi Bala Dasi filed a petition for granting a Letter of Administration of the said Will under section 276 of the Succession Act to ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ...... Lahore 493; 14 CWN 463; BSCR Vol.7 at page 1; AIR 1987 P & H at page 122; AIR 1937 Cal 595; AIR 1924 (Mad.) 578; AIR 1931 Cal 717; AIR 1916 Cal 938; AIR 1959 Cal 8 & 81; AIR 1949 Nag 154. Lawyers Involved: Akram Hossain Amin, Advocate – For the Appellant. Mansur habib, Advocate �..

Category: Property Law | Date: | Hits: 183

Kawsarun Nessa and another Vs. State, 1994, 23 CLC (HCD)

....ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......inst the Judgment and order dated 13.8.1985 passed by the learned Sessions Judge, Narayanganj in Sessions case No.18 of 1985 convicting the accused appellants namely, Sahera Khatun and Kawsarun Nessa for the offence punishable under sections 302/34 of the Penal Code and sentencing each of them there......ons 302/34 of the Penal Code. They are discharged from their bail bonds. Let the lower Court records be sent down expeditiously. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 196. ......te of Gujrat, AIR 1971 Supreme Court 1064; State Vs. Badiuzzaman and another, 25 DLR 41; 25 DLR 398; AIR 1936 (All) 833; 41 DLR 349; Shamsul Huq alias Shamsul and others Vs. State, 38 DLR (AD) 75. Lawyers Involved: Shahid Ahmed with Abdul Momen Chowdhury, Advocates - For the Appellants. Md...

Category: Procedural Law | Date: | Hits: 155

Jalaluddin Bhuiyan Vs. Abdur Rouf and others, 1997, 26 CLC (HCD)

.... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ...... Motion No.10 of 1996 should not be set aside or such other or further order or orders passed as to this Court may deem fit and proper. 2. President petitioner Jalaluddin Bhaiyan lodged an First Information Report at Kashba Police Sithon on 19-10-95 naming 86 accused persons including the 4 oppos...... petition which in the eye of law is a petition of complaint and then pass necessary order. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 408. ......ents Judgment July 2, 1997. Result: The Rule is made absolute. Cases Referred to- Mazharul Haq Vs. Ishaque Sardar, 14 DLR (SC) 251; Nannu Gazi Vs. Awlad Hossain, 43 DLR (AD) 63. Lawyers Involved: Abdul Malek with AHM Mushfiqur Rahman, Advocates — For the Petitioner. Ser..

Category: Criminal Law | Date: | Hits: 143

Rezaul Karim Vs. Kabir Ahmed, 1997, 26 CLC (HCD)

....ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......o. 574 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule arises out of an application under section 115(1) of the Code of Civil Procedure at the instance of Reazul Karim, opposite party before the Election Tribunal. The opposite party No.1 named Kabir Ahmed was the petitioner before the ......ny interference. In the result, the Rule is discharged without any order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 404. ......rty Judgment December 2, 1997. Result: The Rule is discharged. Cases Referred to- Altaf Hossain Vs. Abul Kasem, 45 DLR (AD) 55; Abdur Rab Mia Vs. Fazlur Rahman, 43 DLR (AD) 23. Lawyers Involved: Md. Abu Bakar Siddique, Advocate-For the Petitioner. Abu Salek, Advocate �..

Category: Election Law | Date: | Hits: 248

Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)

....arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......r of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......arty is set aside. The second application for amendment of the plaint dated 1-6- 1997 stands rejected. Order of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400.......affor Hossain………..…………….Petitioner Vs. Md. Shahidullah and others………….........Opposite Parties Judgment April 21, 1999. Result: The Rule is made absolute. Lawyers Involved: Muhammad Jamiruddin Sircar with Irish Khan and Ms. Halima Ferdous, Advocates Fo..

Category: Civil Law | Date: | Hits: 200

Jabed Ali (Md.) alias Jabed Ali and others Vs. State, 1999, 28 CLC (HCD)

....he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ned Additional Sessions Judge, Dinajpur, in Session Case No.40 of 1993 convicting all the accused-appellants under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and to pay a fine of Tk. 2,000.00 each, in default to suffer rigorous imprisonment for 6 mo......he charge under sections 302/34 of the Penal Code and they be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 397.......ant Vs. State……………………Respondent Judgment July 12, 1999. Result: The appeal is allowed. Case Referred to- Pakala Narayan Swami Vs. Emperor, AIR 1939 (PC) 47. Lawyers Involved: MA Wahab Miah with Md. Enayetur, Advocates— For the Appellants. Khandker M..

Category: Criminal Law | Date: | Hits: 132

Sekandar Ali (Md.) Vs. Government of Bangladesh and others, 1990, 19 CLC (HCD)

.... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ...... section 54 of the Code of Criminal Procedure on 19.10.89 and on the following day that is on 20.10.89 the District Magistrate, Bakerganj, Barisal issued the detention order directing his detention for 30 days with effect from the date of order i.e. 20.10.89. Then on 6.11.89 the detention order wa...... connection with any other case. Accordingly the rule is made absolute. Let an advance order of release be issued as prayed for. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 346. ......January 29, 1990. Result: The rule is made absolute. Cases Referred to- 31 DLR (AD) 1979 at page 1, PLD 1959 (Dhaka) 774; AIR 1953(SC) 318; AIR 1970 (SC) 852; 28 DLR 1976 at page 259. Lawyers Involved: Abdur Rahman Biswas, Advocate— For the Petitioner. Md. Delwar Hossain, Ass..

Category: Criminal Law | Date: | Hits: 117

Chand Mian (Md.) Vs. Khodeza Bibi and others, 1989, 18 CLC (HCD)

....f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......er. 2. Briefly stated the case of the plaintiff-petitioner is that the suit land belonged to defendant Nos. 1-4. The plaintiff and the defendants entered into an unregistered bainapatra on 11.4.77 for the sale of the suit land for a total consideration of Tk. 7000/- out of which the plaintiff-pet......f the appellate Court below are set aside and those of the trial Court are restored. Let the L.C. records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 344.......�……..........Opposite parties Judgment November 6, 1989. Result: The result the Rule is made absolute. Cases Referred to- Dabindar Singh Vs. Mst. Lachmindar AIR 1930 Lah 985. Lawyers Involved: Gour Gopal Saha, Advocate—For the Petitioner. Amjad Hossain, Advocate — ..

Category: Property Law | Date: | Hits: 133

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