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State Vs. Abdul Awal, 1983, 12 CLC (HCD)

....y 29 D.L.R. (SC) 41. Lawyers Involved:  Matiur Rahman, Assistant Attorney-General - For the State-Appellant.  Asrarul Hossain with Abdul Azim - For the Accused-Respondent.  Government Appeal No.1 of 1980. Judgment Mustafa Kamal J.- This appeal against acquittal raise......d Magistrate ought to have discussed the merits of the case and as a trial Court he should not have acquitted the respondent on a mere technical ground. In the result, the appeal is dismissed. The order of acquittal passed by the learned Magistrate dated 28.6.79 is affirmed. Let the records be..

Category: Others | Date: | Hits: 163

Hanif Chowdhury alias Serajul Islam Chowdhury Vs. Mohammad Hasan Ali and another, 2007, 36 CLC (HCD)

....tay granted by this Court dated 2.9.1992 is hereby vacated. The officer is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 415. ......appeal and affirming those dated 20.2.1991 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.244 of 1999 decreeing the suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal o..

Category: Civil Law | Date: | Hits: 129

Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)

....bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......is Criminal Appeal under section 10 of the Criminal Law Amendment Act, 1958 at the instance of Md. Abdul Hye, Md. Abu Bakar and Md. Abu Zafor Siddiky & Akhter is directed against the Judgment and order dated 30.04.2005 passed by the learned Divisional Special Judge, Rajshahi Division, Rajshahi, ..

Category: Criminal Law | Date: | Hits: 109

Mongal Paita Perkhiddah College Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Mongal Paita Perkhiddah College………………………….Petitioner Vs. Government of Bangladesh and others…………………………………Respondents Judgment ...... Payment Order (shortly, MPO) of the college of the petitioner (Annexure- E) should not be declared to have been passed without lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper: 2. The facts leading to the issu..

Category: Others | Date: | Hits: 112

Md. Abdul Quddus and another Vs. State, 2005, 34 CLC (HCD)

....other case and the accused Md. Rafiqul Islam who is currently on bail is discharged from his bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 470. ...... Siddiqur Rahman Miah J.- This Criminal Revision under section 439 of the Code of Criminal Procedure at the instance of Md. Abdul Quddus and Md. Rafiqul Islam are directed against the Judgment and order dated 24.4.2003 passed by the learned Sessions Judge, Nilphamari in Criminal Appeal No.10 of 2..

Category: Criminal Law | Date: | Hits: 119

Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)

....aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by the High Court Division in Writ Petition No. 1618 of 2000). Ju..

Category: Civil Law | Date: | Hits: 122

Nurul Huda Miah (Md) Vs. Dhaka Water Supply and Sewerage Authority and others, 1992, 21 CLC (HCD)

....ing been framed against the petitioner within one month of his suspension the same became void under the model rules and as such the petitioner submitted joining report on 29.11.88 with copy to Local Government Division and the same was referred to the Ministry of Establishment; that the Ministry of......285 of 1989 with Writ Petition No.1233 of 1989. Judgment Kazi Ebadul Hoque J.- These two Rules have been issued at the instance of the petitioner against the respondents calling in question the order of his suspension date 26.6.88 and compulsory retirement from service dated 19.10.89 respectiv..

Category: Employment/Service Law | Date: | Hits: 231

Akramuzzaman Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)

....HCD) (2000) 209.......san J. - These two applications are taken together as the facts and the law points involved in both are same. In Writ Petition No.2736 of 1999 the respondents are asked to show why clause (Ga) of the order dated 21-4-98 issued by respondent Nos.2 and 5 (Annexure-G) should not be declared to be void ..

Category: Others | Date: | Hits: 170

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....riginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Jud......ent the petitioner along with others was recruited to the Bangladesh Civil Service Trade Cadre following his outstanding results in the 11th BCS examination in which this petitioner came first in the order of merit. This notification dated 16th February, 1993 is Annexure-A(1). The petitioner joined ..

Category: Employment/Service Law | Date: | Hits: 186

Bangladesh Vs. CMA CGM Bangladesh Shipping Limited, 2009, 38 CLC (AD)

....g the business of cargo agents, for­warding agents, clearing agents and/or general agents for operators of air, sea, land and inland waterway carriage under­takings; that the respondent No.1 is the Government of Bangladesh, the respon­dent No.2 is the National Board of Revenue represented by its ......t No. 1. Rafique-ul Huq, Senior Advocate instruct­ed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Civil Petition for Leave to Appeal No. 139 of 2009. (From the order dated the 1st day of December, 2008 passed by the High Court Division in Writ Petition No. 953..

Category: Administrative Law | Date: | Hits: 318

Jamaluddin (Md.) Vs. Income Tax Appellate Tribunal, Chittagong Branch, Chittagong, 1997, 26 CLC (HCD)

....ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988. Ed. This case is also Reported in: 49 DLR (HCD) (1997) 279. ...... upon the respondent Income Tax Appellate Tribunal Chittagong to show cause as to why his refusal to entertain the appeal of the petitioner under section 158 of Income Tax Ordinance, 1984 by impugned order dated 29‑1‑90 (Annexure‑B) to the petition should not be declared to be without lawful a..

Category: Fiscal/Taxation Law | Date: | Hits: 221

Janapriya Rice Mills Ltd and 2 others Vs. Bangladesh, 1996, 25 CLC (HCD)

....involved common question of fact and law are being disposed of by this Judgment. 2. Learned Advocate for the petitioner after placing the petitions and other materials on record submitted that the Government having allowed the petitioner to pay its dues by deducting from the milling charge and ha......ecord submitted that the Government having allowed the petitioner to pay its dues by deducting from the milling charge and having not supplied paddy to the petitioner acted illegally in canceling the order dated 5‑2‑1990 by the impugned order dated 13‑5‑1991. He further submitted that a vest..

Category: Others | Date: | Hits: 146

Bangladesh Water Develop­ment Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)

....re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ......r the Opposite Party. Civil Revision No.1451 of 1995. Judgment Md. Abdul Karim J.- This Rule issued on an application under section 115 of the Code of Civil Procedure is directed against the order dated 21‑1‑95 passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Miscellaneous ..

Category: Alternative Dispute Resolution | Date: | Hits: 521

State Vs. Abul Howlader, 1995, 24 CLC (HCD)

....rom death penalty to that of rigorous imprisonment for 8 (eight) years. The jail appeal being Jail Appeal No.1251 of 1992 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 257.......s of sections 300 and section 299 abruptly came to the conclusion that the accused has committed the crime punishable under section 302 of the Penal Code and awarded the extreme penalty of death. The order of conviction and sentence is grossly against law and cannot be sustained but it is liable to ..

Category: Criminal Law | Date: | Hits: 97

British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)

....f Arbitration (Protocol and Convention) Act, 1937, as not maintainable, the Division Bench observed: "The legislative cover given by the Pakistan Legislative body to the notification issued by the Government of British India under section 2(1) of the Arbitration (Protocol and Convention) Act by ......adud Khondaker, Advocate ‑ For the Opposite Party. Civil Revision No.3934 of 1994. Judgment Abdul Karim J.- This Rule was issued calling upon the Opposite Party to show cause as to why the order dated 27.11.94 passed by the learned Subordinate Judge and Arbitration Court, Dhaka, in Arbitr..

Category: Alternative Dispute Resolution | Date: | Hits: 304

Khorshed Alam Vs. State & others, 1982, 11 CLC (HCD)

....ccordance with law. In the result, the rule is made absolute. Send down the record at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 401.......inal Revision No.430 of 1980. Judgment Abdul Matin Khan Chowdhury J.- This Rule arises out of an application under sections 439 and 561A of the Code of Criminal Pro­cedure directed against the order No.6 dated 15.9.80 passed by the learned Sessions Judge, Bakerganj in Sessions Case No.213 of ..

Category: Procedural Law | Date: | Hits: 100

Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)

....ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ...... F. Hasan Ariff with Hemayetuddin Ahmed - For the Opposite Parties. Civil Revision No. 3 of 1983. Judgment MH Rahman J.- This rule, at the instance of the defendants, is directed against an order passed in Misce­llaneous Appeal No.96 of 1983, under Order 43, rule 1 (a) of the Code of Civi..

Category: Civil Law | Date: | Hits: 147

M/s Shorhab Vegetable Oil Refinery Limited Vs. Artha Rin Adalat and others, 2007, 36 CLC (HCD)

.... by any competent agency in presence of both the parties. 9. The stay granted at the time of issuance of the rule is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 537.......sana Begum, Advocates - For the petitioner. Shamim Khaled Ahmed, Advocate - For the Respondents. Writ Petition No.7320 of 2005. Judgment Nazmun Ara Sultana J.- This rule has arisen out of order No.18 dated 2.10.2005 passed by the Artha Rin Adalat, No.2, Dhaka in Artha Rin Case No.133 of ..

Category: Civil Law | Date: | Hits: 120

Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)

....granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......te parties No.1-7 to show cause as to why the Judgment and decree dated 18.10.98 passed by the Additional District Judge, 2nd Court, Dhaka, in Title Appeal No.43 of 97, setting aside the Judgment and order dated 23.02.97 passed by Assistant Judge, Savar Thana, Dhaka, in Title suit No.132 of 95 shoul..

Category: Procedural Law | Date: | Hits: 97

Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....ision (Civil) Present: AK Badrul Huq J Sreemati Hari Rani Basak being dead her heirs: I(i) Sree Narayan Chandra Basak and others………………………Plaintiffs-Petitioners Vs. Government of Bangladesh, represented by the Deputy Commissioner, Collectorate Building, P.S. Kotwal......s Defendants paid rents upto month of November, 1971. During War of Liberation of 1971, Plaintiff as well as tenants Fourth-Twelfth Defendants left suit holding and took shelter to the other side of border for safety of their lives. During Liberation Movement Plaintiff lost all counter foils signed ..

Category: Procedural Law | Date: | Hits: 108