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Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....Case is also Reported in: 48 DLR (HCD) (1996) 95. ......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ......orney‑General ‑ For the State. Criminal Revision No.1003 of 1995. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite‑party to show cause as to why the impugned order dated 16.8.95 passed by the Sessions Judge, Dhaka, in Sessions Case No.256 of 1995 arising out......been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ..

Category: Criminal Law | Date: | Hits: 121

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....diction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment May 21, 1995. Result: The application ......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......strate, the Respondent 4, for redemption of the disputed property on the ground that the transfer of the land was a complete usufructuary mortgage. The Respondent 4 on contest allowed the same by his order dated 19.3.85. Against the order First Appeal No. 69 (XIII) of 1984‑85 was filed before the ......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94...

Category: Property Law | Date: | Hits: 95

KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)

....d. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......dul Haque J KM Mahmudur Rahman and others....................Petitioner Vs. State..................Opposite Party Judgment November 14, 1995. Result: The Rule is discharged and order of stay stands vacated. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petition......ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ..

Category: Criminal Law | Date: | Hits: 88

Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......e Notification creating independent Division "Barisal Division" should be declared made without any lawful authority and the name "Bakerganj" in place of "Barisal" is to be inserted therein. 2. In order to invoke our jurisdiction under Article 102 the petitioner is to establish that he has a lega......stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ..

Category: Constitutional Law | Date: | Hits: 247

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....municate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.........opposite Party Anower Hossain................Petitioner Vs. State.......................opposite Party Judgment October 31, 1995. Result: Both the Rules are discharged and the orders of stay vacated. Case Referred to- Mohammed Ali Vs. State, 35 DLR (AD) 324. Lawyers ......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...

Category: Criminal Law | Date: | Hits: 112

Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)

....nicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ...... Anwar Hossain & others..................Petitioners Vs. State & others.................Opposite Parties Judgment November 23, 1995. Result: The Rule is discharged and the order of stay stands vacated. Lawyers Involved: Mustafa Niaz Mahmud, Advocate ‑ For the peti......ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ..

Category: Procedural Law | Date: | Hits: 109

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....s Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is made absolute. Cases Referred to- Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......blic of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the Proclamation Order No.1 of 1985 calls upon the respondent to show cause why the judgment and order dated 08.07.1985 (Annexure D) passed by the respondent No.2, Chairman, Third Labour Court, Dha......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..

Category: Procedural Law | Date: | Hits: 180

Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....rted in: 39 DLR (HCD) (1987) 8.......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......zamul Huq, Advocate - For the Opposite Party No.1 (a). Civil Revision No. 444 of 1970. (In the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside order dated 21.01.1970, of the Munsif, 1st Court, Patuakhali passed in T.S. No. 56 of 1969.) Judg......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8...

Category: Property Law | Date: | Hits: 119

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....ase No.274 of 1971 to the High Court. The Rule was, however, discharged on 07.02.1977. Thereafter the learned Munsif received the record of the suit on 10.12.1977. 4. On 06.01.1978 the plaintiffs made an application before the learned Munsif pray­ing for substitution of the heirs of deceased def......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6.......y No.1. Civil Revision No. 45 of 1984. (In the matter of an application for stay. And in the matter of an application under section 115 of the Code of Civil Procedure, 1908 for setting aside an order of Judgment passed on 23.01.1984 by Munsif, Bauphal Upazila in Misc. Case No.66/83 setting asi......howdhury J. - For the reasons stated above I find no substance in this Rule which is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 6...

Category: Civil Law | Date: | Hits: 121

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....e is also Reported in: 39 DLR (HCD) (1987) 1.......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1....... (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction to hold the same on a suitable date. By order dated 23.11.1983 the High Court Division condoned the said delay and directed a member of the ......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1...

Category: Company Law | Date: | Hits: 306

Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)

....1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132.......cates ‑ For the Respondent. Writ Petition No.89 of 1993. Judgment AM Malunudur Rahman J.- The petitioner obtained this Rule from this Court upon the respondents to show cause as to why the order, No.Dhaka GF/P‑32243/92/3004 dated 1.12.92 passed by the Managing Director and Personnel Man......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

.... Sheikh Roushan Ali...........Petitioner Vs. Board of Intermediate and Secondary Education, Jessore and others..........Respondent Judgment August 29, 1995. Result: The Rule is made absolute. Lawyers Involved: Khandker Mahbubuddin Ahmed with Khandker AM Mohsenuddin, Advoc...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......r who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khulna the Governing Body which has been made the respondent No.3 in this Petition, by an order passed under the signature of the Principal of the said College under Memo No. 59‑6-139/80â€...... at Annexure‑D (2) to the writ petition. In the circumstance of the case, the parties are directed to bear their respective costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r Hossain and others..............Petitioners Vs. Dhaka Water Supply and Sewerage Authority & others............Respondents Judgment August 2, 1995. Result: The Rule is partly made absolute. Lawyers Involved: Khondker Mahbubuddin Ahmed, with Khondker AM Mohsenuddin, Advo......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......rs. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule respondents have been called upon to show cause as to why order bearing Memo No.332 (Admn), dated 7.2.90 issued under the signature of respondent No.3, Secret......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ahman Talukder J Misir Ullah (Md)..................Petitioner Vs. Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 2......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117....... Azizur Rahman Chowdhury, Advocate ‑ For the Opposite Parties. Civil Revision No.9029 of 1991. Judgment M Bazlur Rahman Talukder J.- This Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. ......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....thers Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; Pooran Mal Vs. Director of Inspection, 1974 (SC) 348; Bangladesh Jatiya Matsha Jibi Samabaya Samity Ltd. Vs. The Chairman Labour Court, 33 DLR (AD) 187; Union ......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......ons of the respective judges. As a result of the split Judgment the learned Chief Justice referred this case to BB Roy Chowdhury, J. to hear and dispose of as the Third Judge. But it is seen from the order sheet that BB Roy Chowdhury, J, for reason best know to him, felt embarrassed and the learned ......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...

Category: Criminal Law | Date: | Hits: 111

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

....gh Court Division (Criminal Revisional Jurisdiction) Present: Md. Mozammel Hoque J Mahfuzur Rahman J Ajit Kumar Sarkar and others…………Petitioners Vs. Radhakanta Sarkar and others .....................Opposite Parties. Judgment July 29, 199......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...

Category: Criminal Law | Date: | Hits: 142

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ......d in the following circumstances- This Rule in Criminal Revision No.4 of 1984 was obtained by the petitioner under section 561A of the Code of Criminal Procedure on 3.1.84 against the judgment and order dated 27.11.83 passed by Mr. Shah Jamshedur Rahman, Assistant Sessions Judge, Noakhali rejecti......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

..... Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ......cree-holder-respondents prepared a draft of the document and delivered the same to the Executing Court under Order 21, rule 34 (1) of the Code of Civil Procedure. 4. From the certified copy of the order sheet it ap­pears that the draft document was referred to the Sherestader for necessary check......servations made in this judgment. The connected Rule being Civil Rule No.23 (FM)/1987 is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 392. ..

Category: Property Law | Date: | Hits: 140

MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)

....January 11, 1989. Result: The Rule is discharged. Cases Referred to- Md. Fakirullah Mia Mutwalli Vs. Bimalendra Nath Maitra, 12 DLR 704; 12 DLR 704; Md. Salih Sahib Vs. Adam Sahib, 1977 Mad. 368; India Cable Co. Ltd. Vs. The Union of India, 1976 Pat.76; M/s. Ganesh Trading Co. Ltd. Vs. ......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ......ogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutualli. 2. The learned Advocate for the petitioner as­sailed the order on the ground that the Subordinate Judge committed an error of law in allowing the amendment u......e reasons stated above, I do not find of the any substance in this Rule. The Rule is discharged. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 389. ..

Category: Procedural Law | Date: | Hits: 133

Kohinoor Chemical Compa­ny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)

.... This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ......he said suit was contested by defendant Nos.1 to 5 and 7 by fil­ing a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for deliver­ing the interrogatori......been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ..

Category: Procedural Law | Date: | Hits: 133