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

....nal 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 of Panchlaish PS Case No.23(2)95 shall not......een 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. ......ared 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. ......sh PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal Procedure riled by the former President of Bangladesh. Mr. Hussain Mohammad Ershad, challenging the order dated 16.8.95 passed by the Sessions ..

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)

....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.......intainability 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.......ility 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.......Jurisdiction) 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 applica..

Category: Property Law | Date: | Hits: 95

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

....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. ......ngs 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. ......he 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. ......ng of the case was further adjourned. Thereafter on 2.1.89 petitioners moved this Court and obtained this Rule challenging the said order of revival. 4. Director General of Shipping, Government of Bangladesh by his Memo No.8(19)‑1, S/555(3) dated 28.11.88 appointed Mr. Redoanul Bari, Advocate a..

Category: Criminal Law | Date: | Hits: 88

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

....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. ......tated 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. ......ove, 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. ......CD) (1996) 91. ..

Category: Constitutional Law | Date: | Hits: 247

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

....Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Penal Code read with sectio......e 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.......ment. 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.......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)

....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. ......ntion 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. ......so. 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. ......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)

....Order VIII, rule 1 in the case of Vinayak Shreedhar Kulkarni Vs. Chintaman Vaman Kulkarni AIR 1938 (Bombay) 470 in a case arising from the defendant's failure to file a written statement and upon the Judge's order fixing the case for hearing ex-parte. "It is not unco­mmon to make an order of that n......ent 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. ...... 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. ......e Respondent No.2. Writ Petition No.255 of 1985. Judgment Mustafa Kamal J.- This Rule Nisi obtain under the revived Article 102(2) of the suspended Constitution of the People's Re­public of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the P..

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)

....44 CWN 895. In that case the propriety of an order under section 9 of the Specific Relief Act directing removal of huts raised by the defendants was challenged as being without jurisdiction. A Single Judge of that Court set aside that part of the decree being of the view that an order is beyond the ......ards 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.......olition 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.......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)

....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.......owdhury 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.......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.......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)

....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.......ptance 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.......f 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.......s 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)

....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....... 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.......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.......CD) (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)

.... 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.......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.......ure‑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.......lso the letter under Memo No.51–6/100/86 dated 14.3.86 under the signature of the Principal of the Kapilmuni College addressed to Janab Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court of Bangladesh as at Annexure‑F to the writ petition are hereby declared to be illegal, without lawful..

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

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

....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....... 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.......nature 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....... of Local Government, Rural Development and Co‑operatives (Local Government) and also sent copy of the letter written to Ministry of Local Government to the Ministry of Establishment, Government of Bangladesh seeking clarification and decision as to general principles of seniority enunciated in th..

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

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

....‑ 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. 2. Short facts involved in the case ......se 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.......nt 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.......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)

....udgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka arising out of Motijheel PS case No.32 dated 9.5.91 under sections 409/109 of Penal Cod......isions 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.......hich 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.......and others 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; U..

Category: Criminal Law | Date: | Hits: 111

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

....an amalnama dated 7th Chaitra, 1356 BS and has been possessing the same by paying rents upto date. One Pancharam Saha being plaintiff instituted Title Suit No.86 of 1985 in the Court of the Assistant Judge, Paikgacha, with respect of the land impleading the complainant opposite party No.1 as defenda...... 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.......ode 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)

....mud Hossain, Advocates - Amicas Curiae. Criminal Revision No. 4 of 1984. Judgment Mustafa Kamal J.- The precise reference to this Full Bench is as follows:- "Whether an Assistant Sessions Judge deemed to be appointed as an Additional Ses­sions Judge under the proviso to sub-section (3) ......f 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. ......de 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. ......n 6 which is as follows:- "6. Besides the Supreme Court and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in Bangladesh, namely:- I.- Courts of Session; II.- Metropolitan Magistrates; III.- Magistra..

Category: Criminal Law | Date: | Hits: 158

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

....espondents. Civil Revision No. 1142 of 1987. Judgment Mustafa Kamal J.- This first miscellaneous ap­peal is directed against Order No.46 dated 24.11.85 passed by Mr. Ismail Mia, Subordinate Judge, Pabna in O.C. Execution Case No.8 of 1977 arising out of O.C. Suit No.73 of 1976. 2. The f......ervations 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. ......s 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. ......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)

....titioner obtained this Rule against an or­der of amendment of the plaint, acceptance of valua­tion put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for declaration that the suit property is a Waqf property and the plaintiff is Mutua...... 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. ...... 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. ......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)

....f 1983 is mandatory or directory in nature. 2. To answer this question short facts neces­sary to state are that the opposite-party as plaintiff instituted a Money Suit in the Court of Subordinate Judge, 3rd Court, Chittagong against the petitioners (defendants) on different averments. The said s......een 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. ......ussed 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. ......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