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Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
....lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......gment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 124
Noab Mia and another Vs. State, 2012, 41 CLC (HCD)
....ecords of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ...... No.1374 of 1992. Judgment Md. Ruhul Quddus J.- This Rule at the instance of the convict-appellants was issued on an application under section 439 of the Code of Criminal Procedure challenging order dated 7.9.1992 passed by the Sessions Judge, Brahmanbaria in Criminal Appeal No.71 of 1992 dis......nder before the trial Court to serve out the remaining period of their sentences. Send down the records of lower Courts. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 194
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......gment Md. Ruhul Quddus J.- This Rule at the instance of the accused-petitioners was issued on an application under section 439 of the Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an app......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Adamjee Jute Mills Ltd. Vs. Chairman, Third Labour Court, and another, 1989, 18 CLC (HCD)
....udhury J Adamjee Jute Mills Ltd...................Petitioner Vs. The Chairman, Third Labour Court, and another........Respondents Judgment October 24, 1989. Result: The Rule is made absolute. Cases Referred to- Bikash Ranjan Das Vs. The Chairman, Second Labour Court, 29 D......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ...... under Article 102 of the Constitution calls in question the judgment and order dated 30.4.85 passed by the 3rd Labour Court, Dhaka in Complaint Case No.3/84 allowing the case and setting aside the order of dismissal of the Respondent No.2, a worker, from service and directing his re-instatement. ......missal of the respondent No.2 is modified to the extent that the dismissal of respondent No.2 be treated as discharge from service. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 371. ..Category: Labour and Industrial Law | Date: | Hits: 160
Bangladesh Can Company Ltd. Vs. Chairman, Labour Court, Chittagong and others, 1989, 18 CLC (HCD)
....his Case is also Reported in: 42 DLR (HCD) (1990) 368. ...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ......e—For the Respondents. Writ Petition No.155 of 1985. Judgment Mahmudul Amin Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the decision and order dated 25.5.85 passed by the Respondent No.1 in I.D. Case No.19 of 1982 Annexure 'E' to the pet...... made absolute without any order as to costs. The impugned order was passed without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 368. ..Category: Labour and Industrial Law | Date: | Hits: 268
Rahmania Agencies Ltd. and another Vs. Bangladesh and others, 1989, 18 CLC (HCD)
....r as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ......effect from 21.1.79 which was also sent to the petitioner in his former address. It is stated by the petitioner that he had neither received the alleged show cause notice nor the alleged cancellation order of the lease. Then in the middle of June, 1979 when the petitioner went to the office of the r......tion are hereby declared to have been passed without lawful authority and are of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 363. ..Category: Property Law | Date: | Hits: 115
Ashraf Miah (Md.) Vs. State, 2003, 32 CLC (HCD)
.....................Accused-Petitioner Vs. State…………………………………………………………………Opposite-Party Judgment March 17, 2003. Result: The Rule is made absolute. Lawyers Involved: AKM Shamsul Haque, Advocate—For the Petitioner. MU Ahmed......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ......the same is liable to be quashed. 4. We have heard the learned Advocate for the accused-petitioner and the learned Assistant Attorney-General and perused the first information report including the order of taking cognisance of the case by the learned Magistrate and the ‘আপোষনামা......se No.38/1999 arising out of Tongi Police Station Case No.8(1)/99 now pending in the Court of Magistrate , Gazipur is hereby quashed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 509. ..Category: Criminal Law | Date: | Hits: 99
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Helal Uddin (Md.).........................................................Petitioner Vs. Government of People's Republic of Bangladesh, represented by the Secretary of the Ministry of Education, and others……………………...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ......6‑2000. Thus placed, the petitioner performed his duties and received salary in the later scale up to April 2002. 3. Suddenly, during June, 2002 the petitioner found his name in the monthly pay order (MPO) issued for the month of May, 2002 in the batch of Lecturers and in the scale of Taka 615...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
Kazi Rokanuddin Ahmed and another Vs. Labour Court and others, 2011, 40 CLC (HCD)
....is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ......cluding written objection and other documents took cognizance of the case and issued summons against the petitioners on dated 28-12-2010. 6. Being aggrieved by and dissatisfied with the impugned order the petitioners moved this Court under Article 102 of the Constitution and obtained the presen......desh Labour Law (Criminal) Case No.368 of 2010, is hereby declared unlawful, malafide, out of jurisdiction and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 382. ..Category: Labour and Industrial Law | Date: | Hits: 145
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....rt High Court Division (Special Original Jurisdiction) Present: Amirul Kabir Chowdhury J AFM Ali Asgar J Asgar Ali and others…………………………Petitioners Vs. Bangladesh and others…………………………Respondents Judgment August 25, 2003. Result:......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ......s Rule was issued on an application under Article 102(1) and (2)(a)(i)(ii) of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order vide Memo No. Shipkam/Hash-1/Clinic-5/93/259 dated 30-12-2002 (Annexure-D) should not be decla......n of the elective officers of Managing Board of Bangladesh Red Crescent Society within 45 days from the date of receipt of this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 379. ..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
.... is directed against the judgment and decree dated 27-7-2005 passed by the learned Joint District Judge, Arbitration Court, Dhaka in Money Suit No.8 of 2005 dismissing the suit. 2. Short facts leading to the filing of this appeal are that on 18-3-1999 the appellant as plaintiff filed a money ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370.......ed here that at the time of making his submissions, Mr. Alam did not raise any question regarding the issues of maintainability, limitation and defect of parties framed in the money suit. 21. In order to appreciate the submissions advanced by the appellant in person and the learned Counsel for ...... Joint District Judge, Arbitration Court, Dhaka, in Money Suit No.8 of 2005 is hereby affirmed. Send down the lower Court's record. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 370...Category: Civil Law | Date: | Hits: 212
Amal Cabraal Vs. Golam Murtaza, 2003, 32 CLC (HCD)
.... vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 492....... Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Court issued a Rule and enlarged them on ad-interim anticipatory bail. This Rule gave rise to Criminal Miscellaneous Case No.4042 of 1998. There......f Metropolitan Magistrate on examination of the complainant, it is said, issued summons against the petitioners. On perusal of the petitions, we have noticed that the petitioners have not annexed the order of the learned Chief Metropolitan Magistrate taking cognizance of the offence. Therefore, tech......—These Rules arise out of complaint Case No.2018 of 1998 pending in the Court of Chief Metropolitan Magistrate, Dhaka and therefore, these Rules are disposed of by this judgment. Petitioners sought anticipatory bail and this Court issued a Rule and enlarged them on ad-interim anticipatory bail. ..Category: Criminal Law | Date: | Hits: 126
Abdul Majid Vs. State, 2003, 32 CLC (HCD)
.... Criminal Appeal No.2432 of 2000 is dismissed. Cases Referred to- SM Farooque Vs. State, 28 DLR 192; State Vs. Fazal, 39 DLR (AD) 166; Shamsuddin Sarker Vs. State, 11 DLR (SC) 365; Abdus Samad Vs. State, 16 DLR (SC) 261; Md. Khaliluddin Vs. State, 1986 BLD (AD) 1; Muslimuddin Vs. State, 38......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486.......l with Md. Iqbal Kabir, Assistant Attorney-General—For the Respondent. Criminal Appeal No.2432 of 2000. Judgment Salma Masud Choudhury J.—This appeal is directed against the judgment and order of conviction and sentence dated 8‑8‑2000 by the Sessions Judge, Nilphamari in Sessions Ca......ugned judgment and order of conviction and sentence dated 8‑8‑2000 by court below are accordingly upheld. Records be sent down. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 486...Category: Criminal Law | Date: | Hits: 112
Abul Kashem & another Vs. State, 1990, 19 CLC (HCD)
....s rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378.......f the sentence of death passed upon the prisoners Abbasuddin Sheikh and Md. Abul Kashem Gazi who have been convicted and sentenced under sections 302/34 of the Penal Code to death by the Judgment and order dated 4.5.87 in Sessions Case No.24 of 1986. The condemned prisoners have preferred Criminal A......is commuted to one of imprisonment for life. The Reference No.1 of 1987 under section 374 of the Code of Criminal Procedure is rejected. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 378...Category: Criminal Law | Date: | Hits: 147
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
.... DLR (AD) 35 (11). Lawyers Involved: ABM Nurul Islam, Advocate-For the Petitioner. Not represented-the Opposite Party. Criminal Revision No.101 of 1990. Judgment Fazle Hossain Mohammad Habibur Rahman J. - This is an application by the six accused petitioners, 1. Mahbubur Rahman, 2.......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ......ot legible, presuming that section 167(5) of the Code of Criminal Procedure is applicable even in the cases which are triable under the Special Powers Act by the Special Tribunal passed the following order on 9.5.88: “তদন্তকারী অফিসারের কোন প্রত......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ..Category: Procedural Law | Date: | Hits: 117
Rahmatullah (Md.) Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....dent Judgment October 20, 2000. Result: The Application is not allowed. Cases Referred to- Dulichand Omprakash Textile Company Vs. The Commissioner of Taxes WB III; CIT Vs. Durgaprasad More (1971) 82 ITR 540 (SC); Shankar Industries Vs. CIT (1978) 114 ITR 689 (Cal); Sriram Jhabarmu......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483.......e for purchase of a house at Gulshan in Dhaka and equivalent liability i.e. Taka 12,50,000 was shown as loan from his friends and relations numbering nine. At the time of making assessment the DCT in order to ascertain the genuineness of the alleged loan advanced to the assessee-applicant by his fri......, we answer the question in the affirmative and against the assessee and in favour of the Revenue. There will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 483...Category: Fiscal/Taxation Law | Date: | Hits: 200
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
.... Chowdhury, 38 DLR 39; Brahman Dutta Vs. East Punjab Province and others, AIR 1958 (Punjab) 351;27 DLR,423; Md. Ibrahim Vs. Md. Alauddin and others; Nurul Islam Vs. Md. Abdur Rashid, 37 DLR (AD) 32; Madhubhai Amthalal Vs. Amthalal Nanalal and others, AIR 1947 (Bombay) 156. Lawyers Involved: M.......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ......Syed Badrul Alam, Advocate ‑ For the opposite Party. Civil Revision No. 3312 of 1992. Judgment Abu Sayeed Ahammed J.- This Rule has been issued at the instance of the defendant against the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First C......ioning failure of justice. In the result, the Rule is discharged. The stay order granted earlier by this Court in hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 214. ..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ......3 and declared title of the plaintiff‑respondent No.3 in the suit land and also granted relief for recovery of possession on the basis of the amendment of the plaint by the plaintiff vide Court’s order dated 29.4.92 during trail. Thereafter the decree holder plaintiff respondent No.3 put the imp......se at this stage on this belated application of the defendant‑respondent‑petitioner. The application is accordingly rejected. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 211. ..Category: Limitation Law | Date: | Hits: 211
Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)
....rted in: 48 DLR (HCD) (1996) 208....... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208.......entually dismissed for default on 28.2.72; that thereafter, the government filed misc. Case No.72 of 1972 and the same was dismissed on contest on 13.2.73; that on the basis of the aforesaid ex parte order the defendant (present petitioner) sought for the correction of the record of rights in her na...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208...Category: Limitation Law | Date: | Hits: 239
Shadesh Chandra Saha Vs. State, 1995, 24 CLC (HCD)
....aid applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ......e sections namely, under sections 365/386/387 and 511 as well of the Penal Code but it is for the trial Court to decide. 9. At the time of issuance of the Rule, the petitioner was enlarged on ad‑interim bail subsequently it was extended till disposal of the Rule, Mr. Md. Abdur Rouf the learned ......the Petitioner. Md. Abdur Rouf, Assistant Attorney-General - For the State. Criminal Revision No.1406 of 1994. Judgment Abu Sayeed Ahammed J.- Rule in this revision was issued against the order dated 3.9.94 passed by the Anti‑Terrorism Tribunal, Narayangang in Anti‑Terrorism Tribunal......ule and non‑schedule offences and this Court taking contrary view had summarily rejected the said applications of the said accused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 206. ..Category: Criminal Law | Date: | Hits: 133
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