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....
Present:
MA Aziz J
Md. Shamsul Huq J
Al-Amin Construction Co. Ltd..........................................................Petitioner
Vs.
Government of the People's Republic of Bangladesh and others……………Respondents
Judgment
May 10, 2001.
Result:
The Rule is......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
......eted construction of many bridges. At the moment it is engaged in constructing Moheshkhali Bridge, Dharla Bridge, Bancharampur Bridge and the construction of superstructure of Daratana Bridge. Work orders for the above works have been issued on 10‑2‑2000, 15‑2-2000, 14‑11‑1999 and 7-6-......l the bidders which are awaiting acceptance by the Government.
In the result, the Rule is disposed of with the dove observations.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 510.
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Category: Others | Date: | Hits: 207
Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)
...., 43 DLR 329, 34 DLR 345 & 36 DLR 316; AER (1935) 456; AIR 1950 SC 172; AIR 1953 SC 385; AIR 1949 (BOM) 56; AIR 1962 Orissa 202 & 192. Lawyers Involved: Rukunuddin Mahmood with Murad Reza Advocates ‑ For the Petitioners. Rafiqur Rahman with Serajur Rahman, Advocates ‑Fo......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......and business were very satisfactory and it is a profitable concern, respondent No.2 misappropriated the entire profit of the company and submitted false accounts and balance‑sheet of the company in order to hide the profit and deprive the petitioners of their due shares of the profit. 4. The......lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ..Category: Company Law | Date: | Hits: 225
Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)
.... (Special Original Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J Hasina Karim…………………….Petitioner. Vs. The People's Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, Secretariat Building, Dhaka and other...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......satisfy itself that the said detenue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Sec...... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ..Category: Constitutional Law | Date: | Hits: 299
Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)
.... 357. ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......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 ......tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ..Category: Employment/Service Law | Date: | Hits: 216
Dr. MB Rahman Vs. Deputy Commissioner of Taxes, 1986, 15 CLC (HCD)
....spondents Judgment July 15, 1986. Result: The Rule is discharged. Cases Referred to- S.A. Haroon & others Vs. the Collector of Customs, Karachi, 11 DLR (SC) 200, Lt. Col.; Nawabzada Muhammad Amir Khan Vs. the Controller of Estate Duty, 13 DLR (HC) 105; Mritunjoy Paul Vs. Prov......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ......pended Constitution of the People's Republic of Bangladesh under the Constitution (Partial Revival) (Second) Order 1985 read with the Proclamation Order No.1 of 1985 calls into question an assessment order dated 28.04.1985 passed by the Deputy Commissioner of Taxes, Taxes Circle-VI, Dhaka (South) Zo......herefore, is sustained. In the result the Rule is discharged but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 33. ..Category: Fiscal/Taxation Law | Date: | Hits: 170
Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)
.... Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......es regarding delay in supplying N.O.C. Visas. The complainant in good faith believed the statements of the accused. The complainant returned to Bangladesh in 1980 and met the accused who said that in order to meet the official anomalies it would not be possible to procure the N.O.C., Visa and (work)......dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ..Category: Criminal Law | Date: | Hits: 362
Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)
....………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: The rule is made absolute. Lawyers Involved: M.A. Kader Chowdhury, Advocate - For the Petitioner. Nikhil......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......ta, Advocate - For the Opposite Party No.1. Civil Revision No. 312 of 1985 Judgment Nurul Huque Bhuiyan J.- This rule under section 115 of the Code of Civil Procedure is directed against the order dated 15.05.1985 passed by the learned Subordinate Judge, 1st Court, Comilla, in Title Suit ......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...Category: Procedural Law | Date: | Hits: 106
....
Nurul Huque Bhuiyan J
Abdul Mannan and others……………………………………………………….….………….Petitioners
Vs.
Government of the People's Republic of Bangladesh & others…………….Opposite-Parties
Judgment
August 23, 1986.
Result:
Th......inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......asul, Advocate-For the Opposite Parties.
Civil Revision No. 58 of 1986.
Judgment
Nurul Huque Bhuiyan J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 22.09.1985 passed by the learned Additional District Judge, Noakhali, in Miscellaneous......inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
....63 (3) SCR 209; Khardah Company Limited Vs. Raymon and Company (India) Private Limited, AIR 1962 (SC) 1810; Sree Sudhir Chandra Saha Vs. Matiran Bewa, 6 BLD (AD) 182; Registrar, Supreme Court of Bangladesh Vs. Md. Shafiuddin, 10 BLT (AD) 50; Bangladesh Fisheries Research Institute Vs. Mr. Bhuiyan Lt......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......ed District Judge, each party submitted list containing 3 names for appointment of Arbitrator. However, upon hearing the parties and on perusal of all the documents the learned District Judge, by his order dated 6-3-2003 appointed Mr. AFM Mesbahuddin as Arbitrator to enter into the reference and arb......nd any merit in this appeal. Hence the appeal is dismissed and the connected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....others ................................Opposite‑parties Judgment March 29, 1992. Cases Referred to- State Vs. Miah Abbas Ahmed, PLD 1989 (Lah) 377; AIR 1958 (SC) 538; MV Rajwade Vs. Dr. SM Hassan & others, AIR 1954 (Nag) 71. Lawyers Involved: Abdur Razzak, ......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... of the Constitution of Bangladesh reads as under: "108. The Supreme Court shall be a court of record and shall have all the powers of such a court including the power subject to law to make an order for the investigation of or punishment for any contempt of itself." The High Court Divis......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... Md. Abdul Mannan J Serajul Alam Khan……………...Petitioner Vs. State ……………..Opposite Party Judgment July 23, 1992. Result: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Banglade......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......r Rahman Khan J.- This application under section 491 CrPC having been filed a Rule was obtained by Pearu Md. Ferdous Alam Khan, the brother of the detenu Serajul Alam Khan who has been detained by an order of the respondent No.1 signed by the respondent No.2 Assistant Secretary, Ministry of Home Aff......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superintendent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...Category: Criminal Law | Date: | Hits: 156
Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)
.... 2 to 3. The plaintiffs are in possession of the suit land but the defendant No.1 Hajee Abdul Latif is telling the local people and threatening that he will enter into the suit land and cut away the paddy grown by the plaintiffs. Hence the plaintiffs filed the suit for permanent injunction for restr......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ...... Hajee Abdul Latif ...........Petitioner Vs. Abdul Huq & others .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ashraf Ali and others, 30 DLR ......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ..Category: Civil Law | Date: | Hits: 166
Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
.... Vs. Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For ......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......by the learned Additional District Judge in Title Appeal No.323 of 1969 is hereby set aside and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597...Category: Property Law | Date: | Hits: 122
Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)
.... (1992) 595. ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ......oner. That means the Additional District Judge upheld the election of opposite party No.1 as declared by the Returning Officer and approved by the Election Commission. It is against this judgment and order of the First Court of Additional District Judge that this revision has been preferred and the ......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ..Category: Election Law | Date: | Hits: 240
Abdul Aziz Vs. State, 1990, 29 CLC (HCD)
....ahangir Alam and Sarwar passed by the Sessions Judge, Jamalpur, for an offence punishable under section 323 of the Penal Code sentencing each of them to suffer RI for 6 months only on the ground of inadequacy of sentence. 2. The informant on June 11th, 1985 lodged an FIR with the Sreebordi PS ...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ...... - For the Appellant. No One ‑ For the Respondent. Criminal Appeal No. 49 of 1989. Judgment AM Mahmudur Rahman J.- This is an appeal at the instance of the informant from an order of conviction and sentence passed against the accused‑Respondents Jahangir Alam and Sarwar p...... the reasons stated above, this appeal has no merit. Accordingly, I dismiss the appeal in limine on the ground of incompetency. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 594. ..Category: Criminal Law | Date: | Hits: 110
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
....hury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner Vs. Ershad Ali Fakir and others ............Opposite Parties Judgment August 30, 1990. Res......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......said opposite parties along with other employees of the banks went on strike on and from 10th September, 1981, but the Assistant General Manager of the Pubali Bank, Regional Office, Mymensingh issued orders on 22nd September, 1981 terminating their employment. In the circumstances they brought two s......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589...Category: Labour and Industrial Law | Date: | Hits: 176
State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)
.... Supreme Court High Court Division (Criminal Revisional Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J State...................Petitioner Vs. Abul Kalam Azad........................Opposite Party Judgment May 31, 1995. Result: The Death Refe......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......Abul Kalam Azad .But Abul Kalam Azad used to torture her. He used to drink wine and was addicted to gambling but her Khala protested, as such, she was beaten by accused Kalam. Thereafter her Khala in order to save her life divorced Abul Kalam Azad by herself. The accused thereafter threatened them f......sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
....abbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court of Magistrate, Sadar, Barisal. 2. The law is by now well‑settled that the High Court Division of the Supreme C...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......isal. 2. The law is by now well‑settled that the High Court Division of the Supreme Court has the widest and comprehensive power under section 561A of the Code of Criminal Procedure to pass any orders or order either on an application or suo motu “to prevent abuse of the process of any Court...... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ..Category: Procedural Law | Date: | Hits: 140
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
.... is allowed. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the petitioner. Matter No. 34 of 1995. Judgment Mainur Reza Chowdhury J.- This is an application under section 81(2) read section 85(3) of the Companies Act, 1994. The petitioner Mr. Aziz Mohammad Bhai is the Managing D......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......r, 1995 and lay before it the accounts for the year ending 1993. 7. The company is directed to contribute Taka 5000.00 to Diabetes Association, Shahbag, Dhaka within one month from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne b......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101...Category: Company Law | Date: | Hits: 358
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....ent Md. Mozammel Hoque J.- This First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impugned ......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......e and prayed for bail, but bail was not granted and he was taken into custody. Thereafter he preferred criminal appeal before the Sessions Judge, Joypurhat who also refused to grant bail. Against the order passed by the learned Sessions Judge, Joypurhat, refusing his bail the complainant filed an ap......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..Category: Others | Date: | Hits: 139
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