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

....der the signature of the respondent No.1 the Director, Drug Administration and Licen­cing Authority (Drugs), Directorate of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect. 2. The case of the petitioner is that he is a manufactur......n (Special Original Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J Ruhul Amin……………………………………Petitioner Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration…………………………â......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..

Category: Others | Date: | Hits: 184

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

....d reported the occurrence and the recognition to P.Ws. 1, 18 and others. 4. The further allegation of the prosecution is, that in October, 1987 condemned prisoner Tajul Islam and his son‑in‑law Inu Mia abducted Shashanka Debnath for which ST Case No.52 of 1988 was pending against them in t...... ......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..

Category: Criminal Law | Date: | Hits: 139

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

....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........1 Barisal is for quashing the proceeding of that case. 2. The case started after filing of an ejahar by one Md. Shamsuddin Sardar with the Mehendigonj PS alleging that accused Babul, Dilu, Badsha and Shahin at the instance of Lookman member and Salam Doctor gouged out both the eyes of his nephew......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..

Category: Procedural Law | Date: | Hits: 131

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

....ondents 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 (Annexure F) shall not be declared to have been passed without lawful authority and of no legal effect. 2. Learned Advocate appearing for the petitioner after p......urt Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Azizul Huq (Md.)..................Petitioner Vs. Chairman, Labour Court, Khulna and Others............Respondents Judgment July 31, 1996. Result: The Rule is made absol...... 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..

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

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

.... members is not binding on the chairman. But the chairman is to consider the advice in deciding a case. If after considering the advice tendered by the members the chairman finds the same contrary to law or unreasonable then the chairman can discard the same. But when the advice tendered by the memb......azi Ebadul Hoque J Amind Kabir Chowdhury J Abdus Sattar, Fitter, LB No.4784, G Shift, Victory Jute Products Ltd. Chittagong...............Petitioner Vs. Chairman, Labour Court, Chittagong and another.............Respondents Judgment June 3, 1996. Result: The Rule is made abso......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..

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)

....n this Rule was issued on 01.07.1985 upon the respondents to show as to why the Circular dated 25.02.1985 (Annexure-A) issued by the respondent No.1 should not be declared to have Keen passed without lawful authority and thus of no legal effect. Pending heating of this Rule the operation of the impu...... 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 ..

Category: Civil Law | Date: | Hits: 162

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

....the said power of the learned Labour Court is not in any way limited. As such, according to the learned Advocate for the respondent No.2, the order passed by the learned Labour Court was according to law and should not be interfered with by this Court in its writ jurisdiction. 9. There is no disp......vision (Special Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Maqbular Rahman Jute Mills Limited.........................Petitioner Vs. Chairman Labour Court and another..........................Respondents Judgment July 17, 1995. Result: The Rul......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..

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

Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)

....bsequently and that no remarkable discrepancy was found after recounting the ballot papers of Dopolla Janata High School Centre. The learned Appellate Tribunal on total disregard of the provisions of law and on wrong assessment of the evidence on record passed the impugned Judgment and order declari......96) 560. ......the Opposite Parties. Civil Revision No.3037 of 1993. Judgment Mahfazur Rahman J.- This Rule at the instance of the principal opposite party‑petitioner is directed against the Judgment and order passed by District Judge, Chandpur on 31‑10‑93 in Election Tribunal Appeal No.6 of 1993 al..

Category: Election Law | Date: | Hits: 273

Amalendu Majumder Vs. Selimuzzaman, 1986, 15 CLC (HCD)

....he meaning of sub-section (4) of section 29 of Local Government (Union Parishads) Ordinance, 1983 is appealable under that section and the learned District Judge has, therefore, committed an error of law resulting in an error in the decision occasioning failure of justice is refusing to entertain th......J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 1986 summarily rejecting the memorandum of appeal preferr­ed against an order of the Election Tribunal for re-counting of ballots. ......hirul Huq, Advocates -For the Opposite Party No.1. Civil Revision No.129 of 1986. Judgment Bimalendu Bikash Roy Chowdhury J.- This rule at the instance of the petitioner calls in question an order dated 27.07.1986 passed by the learned District Judge, Pirojpur in Election Appeal No.1 of 198..

Category: Election Law | Date: | Hits: 309

Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)

.... 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alle­ging therein that on 07.10.1982 the accused per­sons forming an unlawful assembly catered into the land mentioned in the schedule to the petition of complaint and cut......ourt High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J SF Ahmed J Elahi Baksh..................................Petitioner Vs. State and others...........................Opposite Party Judgment July 24, 1986. Result: The......ubmitted a final report. The learned Sub-Divisional Magistrate, Tangail after considering the Naraji petition filed by the complainant against the final report, submitted by the O.C. Mirzapur, by his order dated 09.11.1982 directed that the case be filed. 3. Being aggrieved by the order dated 09...

Category: Criminal Law | Date: | Hits: 168

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....e petitioner that the impugned order dated 5.8.90 passed by Respondent No.2 DM, Dhaka cancelling the petitioner's licence and asking him to deposit the licence and the revolver at Mirpur PS is bad in law as the petitioner, though given a notice of three days to show cause, was not given a fair and a...... Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgment May 29, 1991. ......egal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limited period and extended from time to time. 3. The impugned order Annexure F dated 5.8.90 passed by the District Magistrate, Dhaka Respondent No.2 reads as foll..

Category: Criminal Law | Date: | Hits: 105

Anwar Ali (Md) Vs. Chairman, Rajdhani Unna­yan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)

....respondents to show cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petition......ow cause why the notice dated 26.12.88 (Annexure‑F) issued by the Authorised Officer, Rajdhani Unnayan Kartipakha respondent No.2 should not be declared to have been passed without lawful authority and to be of no legal effect. 2. The case of the petitioner is that the petitioner, Proprietor of......e respondent No.2 simultaneously with the notice under section 3B could issue a notice on the occupier to vacate the building, or premises within the period mentioned therein. Therefore, the impugned order Annexure‑F dated 26.12.88 issued by the respondent No.2 on the petitioner, who was the occup..

Category: Property Law | Date: | Hits: 92

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......is Case is also Reported in: 44 DLR (HCD) (1992) 514. ...... Civil Revision No.1520 of 1998 with Civil Rule No.70 (R) of 1990. Judgment ARM Amirul Islam Chowdhury J.- This Rule was issued on the opposite parties to show cause as to why the judgment and orders dated 23.9.80 and 27.9.88 passed by the District Judge, Natore in title Appeal No.75 of 1989 ..

Category: Procedural Law | Date: | Hits: 130

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

.... the lower Appellate Court so far as they relate to the pathway over Plot Nos.1 and 2 and sent the case back to that court for re‑hearing of the appeal on the question of pathway in accordance with law and in the light of the observations made above." Thus the trial court, the lower appellat......11. ...... on the northern side of the plots. Plot No.1 is a pathway running from south to north across the eastern side of the homes of the defendants. Plot No.2.is another pathway running along the northern border of the defendants homestead Plot No.1 meets Plot No.2 on the northern border of the homestead ..

Category: Civil Law | Date: | Hits: 147

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

.... performance of contract. 14. Now the subject matter in both the suits relates to shop No.7 and as such the subject matter of both the suits can be said to be identical. 15. It is settled law that the very nature of the principle of consolidation implies that similarity of identity of th...... ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting......with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting the Petition dated 1..

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....earned District Judge vide order dated 15.3.1992 direction to issue summons upon the defendant asking him to appear within 10 days from the date of service thereof and to defend the suit according to law. The defendant‑opposite party received the summons on 16.2.92 and thereafter entered appearan...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S......evision No.2735 of 1994. Judgment Md. Ansar Ali J.- This Rule comes out of application by the plaintiff petitioner under section 115(1) of the Code of Civil Procedure and is directed against an order dated 10.5.94 passed by the learned District Judge, Dhaka in Money Suit No.1 of 1992 allowing ..

Category: Procedural Law | Date: | Hits: 125

Nasiruddin Kazi Vs. Aleya Khatun alias Fulu, 1996, 25 CLC (HCD)

....ek such permission. In the result, the Rule is discharged. Order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 216. ...... OC Naria PS police made a GD entry. Thereafter on 30.10.90 OC sought permission from the Upazila Magistrate on 30.10.90 for holding investigation into the non‑cognizable offence under sections 313 and 493 of the Penal Code as disclosed in the said information. After investigation police submitted......11.90 against the petitioner and his brother. Thereafter the learned Magistrate took cognizance of 11.11.90 against the said accused persons on the basis of the said prosecution report. Thereafter by order dated 23.12.90 learned Magistrate sent the record of Non First Information Report Case No.80 o..

Category: Criminal Law | Date: | Hits: 112

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

....ted 21-7-2009 passed by the Appellate Division in Civil Appeal No.99 of 2006 in violation of section 82A of the Customs Act and PSI Rules, 2002 should not be declared to have been passed without lawful authority and is of no legal effect and why the respondent Nos.1-2 and 5 should not be direct...... Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emadadul Hoque J Super Oil Refinery Ltd………………........Petitioner Vs. Commissioner Customs and others…......................Respondents Judgment February 17, 2010. Result: The...... been found proper. 8. Thereafter the petitioner filed writ petition No.7428 of 2003 seeking direction to release the goods in question and accordingly Rule was issued on 14-12-2003 and ad-interim order was passed in the following terms: "Pending hearing of the rule respondent No.1 is directe..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

....ure as evidence before ex-parte decree is passed. Ex-parte decree speaks some fishy fishy in obtaining the same. 14. The Bangladesh House Building Cor­poration Finance Order, 1973 is a beneficial law to the people as it provide financial facilities for the construction, repair and remodeling of ......vil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Md. Shawkat Hossain J Begum Shirin Akhtar.................Petitioner Vs. Bangladesh House Building Finance Corporation and others...............Opposite Party Judgment June 7, 2010. Result: Cases Referred t......as served while the ex-parte decree was pronounced and it is not available from the record when the ex-parte decree was passed whether the case was ready for hearing or not, as such the judgments and orders impugned are liable to be set aside. 6. Mr. Shaheed Alam, learned Advocate on the other ha..

Category: Civil Law | Date: | Hits: 198

Mohiuddin Ahmed and others Vs. State, 2011, 40 CLC (HCD)

....ated 2-11-1993 under the section 506 of the Penal Code and the proceeding in the said case is hereby quashed. Communicate at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 564. ......o Reported in: 63 DLR (HCD) (2011) 564. ......lam J.- In an application under section 561A of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commis­sioner Bandarban Hill District to show cause as to why the impugned order dated 6-11-1993 passed by the Magistrate, 1st class, Bandarban Hill District in non-GR Case No..

Category: Criminal Law | Date: | Hits: 90