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Dr. S.M. Abu Taher and Others Vs. State, 1989, 18 CLC (HCD)

.... petitioners, sub­mits that section 339D contemplates revival of a case on an application filed by the Government and in the present case the Public Prosecutor who filed the application for revival had no authority or in­struction to file the application and as such the revi­val order is illegal ....... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ....... A.K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocate-For the State. Criminal Revision No.16 of 1988. Judgment Latifur Rahman J. - This Rule is directed against the order dated 13.12.87 passed by the Ses­sions Judge, Tangail in Sessions Case No.136 of 1986 under s....... The Ses­sions Judge Tangail is further directed to proceed with the case in accordance with law at once without any further delay. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 138. ..

Category: Procedural Law | Date: | Hits: 143

Taslima Begum @ Anguri and another Vs. State, 1989, 18 CLC (HCD)

....on under section 561A of the Code of Criminal Procedure, the accused petitioners have prayed for quashing of the proceedings of Special Tribunal Case No.89 of 1989 under section 19A of the Arms Act read with section 25 of the Special Powers Act, 1974 pending in the Court of Special Tribunal No.2, Dh......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ......er the Chief Metropolitan Magistrate forwarded the relevant records along with the charge sheet to Sessions Judge and Special Tribunal, Dhaka on the same day. The learned Sessions Judge, Dhaka by his order No.1 dated 28.2.89 took cognizance as Sr. Special Tri­bunal and sent the records of the case ......elated to cases, of taking cognizance by a Magistrate are not relevant for our purpose. Thus the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 136. ..

Category: Criminal Law | Date: | Hits: 84

Delwar Hossain (Md.) Vs. State, 2009, 38 CLC (HCD)

....alukder Vs. State, 51 DLR 83; Mahmudul Vs. State, 53 DLR (AD) 21; Aslam Jahangir Vs. State, 20 BLD 426. Lawyers Involved: Abdur Rashid, with Abdul Gaffar, Advocates - For the Appellant. SM Asadullah Tarique, Assistant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. ......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ......tant Attorney-General - For the State. Criminal Appeal No.3801 of 2004. Judgment M Enayetur Rahim J.- Convict Md. Delwar Hossain has preferred this appeal being aggrieved by the judgment and order dated 21-9-2004 passed by the Metropolitan Special Tribunal No.10, Dhaka in Metropolitan Speci......istry of Homes Affairs and Inspector General of Police for future guideline with regard to the investigation. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 32; 30 BLD (HCD) (2010) 490. ..

Category: Criminal Law | Date: | Hits: 128

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

.... J Abu Bakar Siddiquee J Sheikh Hasina................Accused-Petitioner Vs. State and another..............Opposite-Parties Judgment May 18, 2010. Result: The rule is made absolute. Cases Referred to- Mustafa Kamal Vs. Commissioner of Customs, 52 DLR (AD) 1; Sta......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......of 2003) bearing BAC GR No.81 of 2002 arising out of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 3. The fact relevant for disposal of th......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....lam J Rajshahi Girls' High School, Rajshahi and others..................Petitioners Vs. Md. Abdul Mannan...............Opposite Party Judgment July 16, 1995. Result: The Rule is made absolute. Cases Referred to- 14 DLR (SC) 17, 20 DLR (SC) 79; 31 DLR (AD) 298; State of UP......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......ter joining in the school, the plaintiff was creating inconveniences in the educational and administrative atmosphere of the school and he was also trying to create groups between the teachers and in order to cherish the illegal activities, he also managed to paste posters by the outsiders; that aft......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

Category: Employment/Service Law | Date: | Hits: 166

Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)

.... Md. Gholam Rabbani J M Bazlur Rahman Talukder J Dainik Janakantha represented by its Editor and Publishers Md. Atiqullah Khan Masud and others................Petitioner Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity............Opposite Party Judgment June 26, 1996. ......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......aul Karim, Md. Khurshid Alam Khan and Abdul Jalil Gazi, Advocates ‑ For the Opposite Party. Civil Revision No.1469 of 1996. Judgment Md. Gholam Rabbani J.- This Rule is directed against an order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka, in Title Suit No.1......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ..

Category: Civil Law | Date: | Hits: 169

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......not exhibited) has not become effective and the marriage between the parties has not been terminated due to the non service of the same under section 7(1) of the Muslim Family Law Ordinance, 1961. In order to consider this point it is necessary to refer to the aforesaid section of Law. Section 7 of ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..

Category: Family Law | Date: | Hits: 202

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

....Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of Settlement of Bangladesh, Bangla......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ......No.1227 of 1995. Judgment AM Mahmudur Rahman J.- This writ petition is under Article 102(2)(a)(ii) of our Constitution. The petitioner is the Republic. The petition is against the Judgment and order dated 29‑9‑92 of the Court of Settlement passed in AP Case No. 43/90 (Ka‑177‑Mirpur, D......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....d. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......s Court to be dealt with in accordance with law and why her detention should not be declared illegal. 2. This appeal, namely, Criminal Appeal No.1664 of 1993, is directed against the Judgment and order dated 13‑7‑91 passed by the Additional District and Sessions Judge, 2nd Court, Dhaka, conv......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...

Category: Criminal Law | Date: | Hits: 162

Habibur Rahman Bhuiyan (Md.) and others Vs. Galman Begum and others, 2011, 40 CLC (AD)

....ts Vs. Galman Begum and others……………………………………………Respondents Judgment June 15, 2011. Result: The appeal is allowed. Cases Referred to- Abdus Samad Vs. Md. Sohrab Ali, 33 DLR (AD)113; Abdur Rashid Sarker Vs. Dines Chandra Das, 58 DLR (AD) 159; M......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ......am, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1. None appears—For Respondent Nos.2 (a)-3. Civil Appeal No.191 of 2005. (From the judgment and order dated 25-1-2003 passed by the High Court Division in Civil Revision No. 5935 of 2000.) Judg......my learned brother Surendra Kumar Sinha J. Courts Order The appeal is allowed by majority decision without any order as to costs. Ed. This Case is also Reported in:64 DLR (AD) (2012) 133. ..

Category: Property Law | Date: | Hits: 138

Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)

....rs……………………………………Petitioner Vs. Manwara Begum & others…………………………Opposite-parties Judgment January 15, 1987. Result: The Rule is made absolute. Lawyers Involved: No one appears -For the Petitioner. Moazzem Hossain, Deput......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......r by taking reco­urse to the provision of the General Clauses Act but rather care need be taken to see that no one is dragged into it who is not within the express language of the statute. 14. In order to determine as to whether other person are also within the mischief and thus within the inten......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...

Category: Family Law | Date: | Hits: 193

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....€¦â€¦Respondent Judgment May 25, 1986. Result: The rule is dis­charged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321; Farzand Ali Vs. P......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......o. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petitioner is illegal, void, with......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..

Category: Labour and Industrial Law | Date: | Hits: 186

Elahi Bux Vs. State, 1986, 15 CLC (HCD)

....tofizur Rahman Vs. The State, 1985 BLD 335; Syed Mohamud Alam Vs. Syed Mehdi Hossain and others, PLD 1970 Lahore, 6; Chheda Lal Jain Vs. Officer, Commanding Station Mecrut Cantonment, AIR 1941 Allahabad 207. Lawyers Involved: Azizul Haque, Advocate - For the Appellant-Petitioner. Kaisar Ud......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ......nt Daliluddin Ahmed J. - This is an application under section 5 of the Limitation Act for condonation of delay in filing an appeal under section 30 of the Special Powers Act, 1974. By judgment and order, dated 23.11.1985, pass­ed by the Special Tribunal, 2nd Court, Rangpur in Special Tribunal Ca......e rendered by him to this Court. This application is, therefore, summarily rejected. Bimalendu Bikash Roy Choudhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 164. ..

Category: Limitation Law | Date: | Hits: 222

Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....ector, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration……………………………Respondents Judgment July 24, 1986. Result: The Rule is made absolute. Lawyers Involved: Khandkher Mahbub Hossain, Advocate -For the Peti­tioner. A......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ......of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calling upon the respondents to show cause as to why the impugned order of cancella­tion of licence (Annexure-G) as contained in Memo No. DA/U-19/84/1950 dated 17.04......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ..

Category: Others | Date: | Hits: 184

State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)

....anbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ......and Ali Hossain @ Haris Ali for the offences punishable under sections 120B and 302/34 of the Penal Code and sentenced each of them to imprisonment for life. 10. Being aggiieved by the impugned order of conviction and sentence, accused Tajul Isalm, Feroz Mia of Horoshpur, Badsha @ Chora Badsha...... a copy of this Judgment be forwarded to the learned Additional Sessions Judge Brahmanbaria, for action in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 305. ..

Category: Criminal Law | Date: | Hits: 139

Dilu alias Delwar Hossain Vs. State, represented by the Deputy Commissioner, Barisal, 1996, 25 CLC (HCD)

....‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529....... was rejected by the learned Sessions Judge by his Judgment and order dated 30‑3‑95. The petitioner then moved this Court and obtained the present Rule on 22‑5‑95 and he was also granted ad‑interim bail on the same date. 3. The learned Advocate, Syed Ziaul Karim appearing on behalf of t......ition against the police report alleging that Babul accused No.1, the principal offender, was recommended to be discharged and that the investigation was perfunctory. The learned Magistrate passed an order for holding judicial inquiry after rejecting the police report and thereafter witnesses produc......rim bail to the petitioner is recalled and he is directed to surrender before the Magistrate by 19‑6‑96. Send down the LCR at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 529...

Category: Procedural Law | Date: | Hits: 131

Azizul Huq (Md.) Vs. Chairman, Labour Court, Khulna and Others, 1996, 25 CLC (HCD)

....ce with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ...... Petition No.2607 of 1992. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the petitioner Md. Azizul Huq calling upon the respondents to show cause as to why Judgment and order dated 27‑01‑82 passed by the Labour Court, Khulna in Complaint Case NO.29 of 1979 (Annexur......and of no legal effect and respondent No.2 is directed to reinstate the petitioner in his service with 50% back wages within 60 days. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 527. ..

Category: Labour and Industrial Law | Date: | Hits: 162

Abdus Sattar Vs. Chairman, Labour Court, Chittagong and another, 1996, 25 CLC (HCD)

.... Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ......Petition No.46 of 1990 (Chittagong). Judgment Kazi Ebadul Hoque J.- In this Rule petitioner Abdul Satter, Fitter of Victory Jute Products Limited has challenged the legality of the decision and order dated 12‑7‑90 (Annexure‑D to the petition) passed by AM respondent No.1, Chairman, Labou......dent No.2 is directed to give termination benefit to the petitioner within 30 days from date. Send down the lower Court's records. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 525. ..

Category: Labour and Industrial Law | Date: | Hits: 183

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....dents. Writ Petition No.150 of 1985. Judgment Anwarul Haque Chowdhury J. - This appli­cation by the Dhaka Chamber of Commerce and Industry under Article 102 of the People's Republic of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ......the Metropolitan Chamber of Commerce and Industry at one of the Trus­tees of the Board of the Dhaka Improvement Trust should also not be declared to be bad in law. It is further seen that no further order extended staying operation of the noti­fication of appointment existed. This is the position ......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)

.... Rahman Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rule is made absolute. Lawyers Involved: Shaikh Abul Hossain with Syeda Afsar Jahan, Advocates ‑ For ......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ioner. Bazlur Rahman Chhana, Advocate ‑ For the Respondent No.2. Writ Petition No. 3052 of 1991. Judgment Naimuddin Ahmed J.- By the application under Article 102 of the Constitution an order dated 4‑11‑91 passed by the Chairman, Labour Court, Chittagong in complaint Case No.182 of......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Labour and Industrial Law | Date: | Hits: 162