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Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)

....e nor there was any such objection before respondent No.2 and as such memo dated 26.11.91 is not a decision under section 5(1) of the said Ordinance and the petitioners cannot take advantage of the irrelevant insertion of the same. After receipt of the said, memo respondent No.1 served notice dated ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ......s Case is also Reported in: 45 DLR (HCD) (1993) 207. ......ved in the locality in the manner prescribed by law. Moreover, when the petitioners were accessible upto the President's Secretariat and could obtain Photostat copies of all the confidential official documents annexed to the petitions can it be believed that they were unaware of the fresh acquisitio..

Category: Property Law | Date: | Hits: 79

State Vs. Md. Shah Nowroj and others, 2011, 40 CLC (HCD)

....tion 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.18 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspecto...... passed by the Divisional Special Judge, Khulna in Special Case No. 18 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......ourt Division (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State………………………………………….Appellant Vs. Md. Shah Nowroj and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar......uccessor Project Implementation Officer in visiting the project areas. P.W.9 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 14. P.W.10 Jagadish Mondal, a village defense police Of Jalma Union Pa..

Category: Criminal Law | Date: | Hits: 97

State Vs. Sheikh Mujibur Rahman and others, 2011, 40 CLC (HCD)

....tion 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.16 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspecto......3 passed by the Divisional Special Judge, Khulna in Special Case No. 16 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State……………………………………………………..Appellant Vs. Sheikh Mujibur Rahman and others……………Respondents Judgment May 25, 2011. Lawyers Involved: Md. Monwar......ssor Project Implementation Officer in visiting the project areas. 14. P.W.9 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. P.W.10 Jagadish Mondal, a village defense police stated that during inves..

Category: Criminal Law | Date: | Hits: 101

State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)

....tion 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.13 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspecto......ivisional Special Judge, Khulna in Special Tribunal Case No. 13 of 2003 is affirmed. Send down the lower Court records. Borhanuddin J. - I agree. Ed. This Case is also Reported in:   ......on (Criminal Appellate Jurisdiction) Present: Borhanuddin J Md. Ruhul Quddus J The State…………………………………………………….Appellant Vs. Sk. Arif Newaz and others………………………..Respondents Judgment May 25, 2011. Lawyers Involved:......ssor Project Implementation Officer in visiting the project areas. 14. P.W.8 Sheikh Mojibur Rahman, Officer-in-charge of Batiaghata food godown deposed as a formal witness in respect of seizure of documents from his office. 15. P.W.9 Jagadish Mondal, a village defense police stated that during..

Category: Criminal Law | Date: | Hits: 86

Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)

....ound to be aged over 16 years. She neither being an accused nor a witness in the case cannot be held in detention under Court's order but is free to go to any place of her liking. In taking this view relevant case reported in 15 DLR 148, wherein it was held that the girl who is found to be over 16 y......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......e...................Petitioner Vs. State..................Opposite Party Judgment March 9, 1992. Cases Referred to- 35 DLR (AD) 127; Fatema Begum alias Urmila Rani Vs. Gageswar Nath and the Sale, 9 BLD (1989) 469; Sukhendra Chandra Das Vs. Secretary, Ministry of Home Affairs, 42 DL......or not. But for the purpose of determining whether the prayer of the father for taking the custody of the girl be allowed or not a prima facie view can be taken on the basis of the averments made and documents produced by both the parties. The girl was medically examined on 26.8.90 and according to ..

Category: Criminal Law | Date: | Hits: 80

Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)

....either Side in this case was in a position to lay their hands on any reported decisions of this Court and only two decisions of the Indian Supreme Court has been cited to which we shall advert at the relevant portion of the judgment. 9. In the instant case as we have stated earlier, much attentio......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..

Category: Labour and Industrial Law | Date: | Hits: 204

Nantu Biswas and others Vs. State, 2009, 38 CLC (AD)

....se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261....... and order of this Court as mentioned above the petitioners have filed this petition for review. 6. Heard the learned Counsel and perused the petition and the impugned judgment and order and other papers on record. 7. It appears that the High Court Division gave much stress on the acquittal of......vision (Criminal) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Nantu Biswas and others.................................Petitioners Vs. The State ……………………â......se has been made out for review. In such view of the matter we find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 261...

Category: Criminal Law | Date: | Hits: 48

Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)

....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ...... be withdrawn only because the petitioners are the political activist of a particular political party. 7. We have heard the learned Advocate-on-Record for the petitioners and perused the connected papers as well as the impugned judgment. The learned Advocate-on-Record failed to satisfy us the mod......ported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)

....181 of 2004 and Jail Appeal No. 371 of 2005 rejecting the death reference and allowing the appeals and thereby acquitting the respondent of the charge under section 302 of the Penal Code. 3. Facts relevant for disposal of the peti­tion are that the baby son namely Sujon of Sheuli Begum who is al......chua, District-Bagerhat in con­nection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......ttorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the High Court Division in Death Reference No.54 of 2004 with Cr......chua, District-Bagerhat in con­nection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..

Category: Criminal Law | Date: | Hits: 71

Abdul Jalil Vs. Bangladesh Steel & Engineer­ing Corporation, 1989, 18 CLC (HCD)

.... other relief or reliefs which the plaintiff is entitled to in law and equity. 3. The defendants filed a joint written statement on 5.3.84. The case for the defendants is that the plaintiff at the relevant time was an employee of defendant No. 1 which is a statutory corporation under PO No. 27/72......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......l Jalil............................................Petitioner Vs. Bangladesh Steel & Engineer­ing Corporation having its office at "Steel House" Kawran Bazar, Police Station Tejgaon, Dhaka and others....................Opposite parties. Judgment July 10, 1989. Cases Referred to- ......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...

Category: Employment/Service Law | Date: | Hits: 108

Chittagong Textile Mills Ltd. Vs. The Chairman, Labour Court, Chittagong and another, 1990, 19 CLC (HCD)

....e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ...... pieces. On the above reports the respondent No. 2 was charged for his serious neglect of duty. 5. The complaint case was heard by the respondent No. 1 in course of which evidence was recorded and papers filed by the parties were taken on record and were marked as exhibits and thereafter by judgm......ecial Original Jurisdiction) Present: Nurul Hoque Bhuiyan J Mainur Reza Chowdhury J Chittagong Textile Mills Ltd................Petitioner Vs. The Chairman, Labour Court, Chittagong and another........Respondents. Judgment June 19, 1990. Lawyers Involved: Md. Khalilur ......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 471. ..

Category: Labour and Industrial Law | Date: | Hits: 133

Rupali Bank Vs. Haji Ahmed Sabur & another, 1990, 19 CLC (HCD)

....itten statement denying the material allegations. The positive case of the defendant No. 1was as follows: "The Amir Market branch of defendant No, 1 released the shipping documents as and when the relevant bill amount was paid up by the party concerned. Amir market branch of defendant No. 1 never...... having IRC No. E 155379 and the said Agrani Bank in reply informed through telegram that the XPL was neither transferred to any bank nor signed by them and advised to send copies of all the relevant papers without opening letter of credit. A similar query was also made through a memorandum dated 25......Respondents. Appeal from Original Decree No. 19 of 1986. Judgment Kazi Ebadul Hoque J. - This appeal is at the instance of the defendant No. 1, Rupali Bank against the judgment dated 19.3.86 and decree dated 25‑3.86 passed by the Subordinate Judge, 2nd Court Chittagong in Money Suit No. 6....../86 dated 2.5.80. The plaintiff with the written authority of the importer M/s. Shafi and Co. approached the Amir Market Branch of defendant No. 1 bank on 4.11.80 for release of the relative shipping documents against payment of their bill No. PAD/80/448. The plaintiff was given understanding by the..

Category: Civil Law | Date: | Hits: 83

Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)

....rned Attorney‑General Mr. Aminul Huq along with M Shamsul Alam, the Deputy Attorney­ General opposing the same. A legion of Decisions had also been cited at the bar to which we shall advert at the relevant portion of the judgment after examination of the submission of the parties concerned. 7.......s issued on 23rd of January 1991 directing him to surrender before the Deputy Inspector General of Prisons, Dhaka and the said was also announced in Television, Radio Bangladesh and in the Daily News papers giving him 7 days to surrender and when that 7 days within which he was directed to surrender......950 Hydarabad at page 20; Wicks Vs. DPP at page 265; Keshavan Madhava Menon Vs. the State of Boinbay, AIR 1951 (SC) 128; Shawkat‑un‑nessa Vs. The State, AIR (37) 1950 Hydarabad (FB) 20; Prakash Chandra Mehta Vs. Commissioner and Secretary Government of Kerala and others, 1985 Supreme Court Cases......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...

Category: Criminal Law | Date: | Hits: 98

Tariq Habibullah Vs. State, 1990, 19 CLC (HCD)

.... her about any ill treatment meted out to her by her husband or by her mother‑in‑law. 9. PW 4 Mrs. Kanan Das was residing as a tenant in the ground floor of the same house of occurrence at the relevant time. She stated that in the 1st. floor the accused‑appellant, his father and the decease......ediately after the occurrence and on examination found Sawpna dead and added that from the marks of injury in the nose, throat and tongue it appeared to him that it was a case of suicide. A number of papers have been produced and marked as exhibits in the case out of which Ext. 1 is the first inform............................................Respondent. Judgment October 30, 1990. Case Referred to- State Vs. Mokbul Hossain, 37 DLR 156. Lawyers Involved: Aminul Huq with Nizamul Hoque and Md. Nurul Islam Sujan, Advocates ‑ For the Appellant. AQ Rashid ‑For the State. Crimin......inst him. It is hereby directed that the accused appellant be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 43 DLR (1991) 440. ..

Category: Criminal Law | Date: | Hits: 116

Progati Industries Ltd. Vs. Shahida Khatun and others, 1991, 20 CLC (HCD)

....act on the basis of inadmissible oral evidence of no worth at all contrary to admitted documentary evidence on record and can also decide question of fact without consideration of the contents of the relevant documentary evidence on record. The learned Subordinate Judge as the Trial Court was the in......st Court of Subordinate Judge, Dhaka is dismissed. Let a copy of this judgment be forwarded to the Secretary, Ministry of Law and Justice. Ed. This Case is also Reported in: 43 DLR (1991) 429.......Court Division (Civil Appellate Jurisdiction) Present: Anwarul Haque Chowdhury J Kazi Ebadul Hoque J Progati Industries Ltd...........................Appellant Vs. Shahida Khatun and others……...............Respondents. Judgment January 16, 1991. Cases Referred to- ......defendant No. 5; that the said suit was decreed on compromise for a sum of Tk. 90,667.00 and on payment of the same the suit properties was to be redeemed in favour of the added defendant and all the documents of the suit property was to be returned to the added defendant, the said purchaser company..

Category: Property Law | Date: | Hits: 69

Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ......rnment of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Information, the Wage Board, represented by its Chairman, Bangladesh Federal Journalists Union, Bangladesh Newspapers Press Workers Federation and Bangladesh Newspapers Employees Federation, Dhaka, to show cause......Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represen­ted by the Secretary, Ministry of Information, Bangladesh Secreta­riat, Dhaka and others...........................Respondents. Judgment May 30, 1991. Cases Referred to-...... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

.... Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a petition ......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417......., Rajbari as well as the opposite party No. 1 to show cause why the proceeding of CR Case No. 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417...

Category: Criminal Law | Date: | Hits: 70

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....endant. The said lease deed dated 21.3.68 contains 32 clauses in the nature of terms and conditions for the guidance of the respective parties in the deed. Out of them clauses 4, 5, 27, 30 and 32 are relevant for the purpose of adjudication of the dispute arising between the parties in the suit. The......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦.Appellant Vs. Dhaka Improvement Trust (RAJUK) & another.........Respondents. Judgment March 14, 1990. Cases Referred to- Messers Chaina Fibre Company, Ltd. and 4 others Vs. Abdul Jabbar and 9 others, 20 DLR (SC) 335; Alauddin Vs. Md. Idris Mia, 22 DLR 664;......een taken in the memo of appeal, Mr. Farooqui has strenuously argued laying stress only on a few of them after taking us through the plaint, written statement, the deposition of the witnesses and the documents produced and marked as exhibits in the suit and also the judgment of the learned Trial Cou..

Category: Property Law | Date: | Hits: 87

Alamgir and others Vs. State, 2010, 39 CLC (AD)

....to appeal by the impugned judg­ment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......against the judgment of this Court this petition for review has been filed. 9. Heard the learned Advocate appearing for the petitioners and perused the petition and the impugned judgment and other papers on record. 10. It appears that the High Court Division considered the evidence of P.W.1 th......: VIII ADC (2011) 244. ......to appeal by the impugned judg­ment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ..

Category: Criminal Law | Date: | Hits: 59

Abdul Khaleque Sarder Vs. Mohammad Asgor Ali Morol and others, 2010, 39 CLC (AD)

....khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ......ners and Mr. Md. Nawab Ali, the learned Advocate-on-Record appear­ing for the respondent Nos.1 and 2 and perused the petition and the impugned judgment and order of the High Court Division and other papers on record. 8. It appears that in the instant suit the sale certificate exhibit-2 was admit......e Division (Civil) Present: Mohammad Fazlul Karim CJ Md. Abdul Matin J ABM Khairul Haque J Md. Muzammel Hossain J Abdul Khaleque Sarder being dead his heirs:-Noor Mohammad Sarder and others .....................................................................................Peti......khatian in favour of the plaintiff and rightly decreed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 211. ..

Category: Property Law | Date: | Hits: 69