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Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......h the alleged act of the petitioner does not attract the offences under section 409 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947 and as such the Special Judge had no jurisdiction to take cognizance of the offence against him and to hold trial of the cases. 7. Mr...Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....nner, although at the relevant time Judge-in-Chamber of the Appellate Division being duly constituted was hearing urgent stay matters. When the hearing of the writ petition was stopped, there was a total pandemonium in the packed Court room full of lawyers resulting in total chaos and confusion....... Justice with any kind of prayer or petition to stop the hearing. It was also transpired that the Attorney-General surreptitiously appeared to the residence of Chief Justice who passed the order in absence of the lawyers of the petitioners in an unprecedented manner, although at the relevant tim......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ...... The agreement Annexure-D is neither settlement an agreement under section 2 sub-section (24) of the IRO and as such not enforceable under section 34 of the IRO and lastly (3) the Labour Court has no jurisdiction to allow the prayer of the respondents Nos. 2-22. 7. The learned Advocate for the pe..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......vious post as the order of promotion dated 13-7-93 with statutory provision for pay scale without making any link with earlier assignment and, as such, the impugned order is illegal, void and without jurisdiction. 5. Lastly Mr. Majumder has argued that after a long period of service in the higher..Category: Employment/Service Law | Date: | Hits: 184
....eged to have been executed by Rafi Ahmed Fidai on 6-6-63 were forged, null and void and mere paper transaction and has been created by false personation and the signature of Rafi Ahmad Fidai does not totally with the signature of Rafi Ahmed Fidai in the alleged sale deed. The sale deed alleged to ha......the District Accounts Officer, Rangpur dated 25.11.80 the petitioner was allowed to draw pension from 16th December, 1971 upto July, 1982 i.e. 126 months 16 days at a time. He submits that during the absence of the petitioner the house in possession was declared abandoned under President’s Order 1......the People’s Republic of Bangladesh. In the aforesaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, illegal and without lawful authority.
3. For the sake of convenience..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......refused to give the consent. The learned Counsel submits that the question as to whether the appellant was freedom fighter or not is a matter for the decision of the Government and the Court had no jurisdiction to interfere with the said finding. 9. It is argued that the Government having found..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......nal Procedure for quashing the proceeding. 5. The learned Sessions Judge by his order dated 5.4.80 took the view that the case is actually triable by special Judge and learned Magistrate has no jurisdiction to take cognizance of the case and accordingly directed to return of the complaint pe..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......irection of Pitamber signed his name. Therefore, the first condition as regards the execution appears to have been satisfied and proved". Further, no doubt the execution was somewhat unusual in the absence of the thumb impression of the testator but section 63 of the Succession Act provides for su...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......itioner it is essentially a case of Small Cause Court nature and title being as incidental question, the Court of Small Cause Judge can decide this issue". Leave was granted whether the revisional jurisdiction under section 25 of the Small Cause Courts Act is attracted when an order under section..Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258.......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...Category: Criminal Law | Date: | Hits: 90
Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)
....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......n to adjudicate the claim of the respondent Nos. 1‑5 against the petitioner bank in the suit in which the respondents have been made defendants and such order cannot be challenged on, the ground of absence of Jurisdiction and there has not been any violation of any of the provisions of the Act. It......ial assistance. The petitioner filed the application challenging the maintainability of the counter‑claim of the respondents mainly on two grounds, viz, a) First Artha Rin Adalat, Chittagong has no jurisdiction to entertain the counter‑claim of the respondent Nos. 1‑5 and b) the amount of coun..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....Production capacity" to mean the volume of output being capable of production in any convenient time by any plant or installations. The capacity of plant might be viewed from the stand‑point of its total maximum output. This is referred to as theoretical or maximum plant capacity. Since even under......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32......." itself has not been defined in the Act on rules. However, in English law the same "excise" is given to duties of taxes levied on certain articles produced and consumed at home. In the United States jurisdiction, this expression issued to signify imposition, sometimes upon the consumption of commod..Category: Fiscal/Taxation Law | Date: | Hits: 199
National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)
....…………………… 13. We have already seen in the definition of "design" as given in section 2(5) of the Act that the sameness of the features are to be decided by the eye i.e. by getting a total synoptic view of the two. Time and time again in numerous cases it has been laid down that it ......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...Category: Intellectual Property Law | Date: | Hits: 192
Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)
....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434.......hul Amin, the learned Advocate appearing for the plaintiff‑petitioner strenuously argued relying on the decisions already referred to above that the learned District Judge erroneously exercised his jurisdiction under section 151 of the Code of Civil Procedure in passing the impugned order without ..Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ......il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... 13. Mr. Rafique‑ul‑Huq then cited the case of Sultana Jute Mills Ltd. and others vs. Agrani Bank and others, reported in 46 DLR (AD) 174. In the case it was observed as follows: "Revisional jurisdiction of the High Court Division provided for in section 115 of the Code of Civil Procedure a..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......egality by entertaining the same. The learned Advocate further submits that there was no decision on a reference from the Court of Small Causes and, as such, the learned SCC Judge exercised power and jurisdiction not vested in him by law. 6. Mr. Bakhtiar Hossain, the learned Advocate appearing fo..Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....he observation of the Court that "the Court has been unable to proceed with the case since 1 February 1983 solely and wholly because of the conduct of the Deputy Attorney-General", (appellant) is totally unfounded. Similarly, their observation that the Death Reference matter has appeared forbear......Haider Chowdhury, J.- This is an unfortunate case. Two suo moto rules were issued on 2.3.83 and on 4.4.83 by the High Court Division, Jessore Bench. The allegation is that the contemner by deliberate absence from the Court on several occasions committed gross contempt of Court. He absented himself w...... less a person than one of the Deputy Attorney-Generals of Bangladesh for his alleged disobedience to the Court's order to appear before it but what is unusual and extraordinary is the assumption of jurisdiction which the Court did not possess. 4. If the learned Judges who issued the Rule for co..Category: Criminal Law | Date: | Hits: 116
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