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Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)

....ction the case of Bangladesh Vs. Jaheruddin reported in 6 BLD (1986) (AD) 180 may be referred to. In that case it was held that in the matter of condonation of delay the Government does not enjoy any special privilege, but the fact remains that due to the necessity to obtain opinions on various auth......Civil Appeal No. 285 of 2001. (From the judgment and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No. 41 of 1997) Judgment MM Ruhul Amin CJ. - This appeal, by leave, is directed against the judgment and order dated 25th May, 1997 passed by the High Court Divi..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......ppeal No.158 of 2007. (From the judgment and order dated 16th January, 2007 passed by the High Court Division in Writ Petition No. 6024 of 2004). Judgment MM Ruhul Amin CJ. - This appeal, by leave, is directed against the judgment and order dated 16th January, 2007 passed by the High Court ..

Category: Property Law | Date: | Hits: 80

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....ndoned earlier this case appears to us to be of very exceptional nature, an old woman of 80 years is involved and hence we are inclined to exercise the jurisdiction invoking the aid of section 5 as a special case. It appears that after being enlarged on bail her attendance having been dispensed with......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184...

Category: Procedural Law | Date: | Hits: 112

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... birth, be ineligible for, or discriminated against in respect of, any employment or office in the service of the Republic. (3) Nothing in this article shall prevent the State from- (a) making special provision in favour of any backward section of citizens for the purpose of securing their ad......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

North Bengal Paper Mills Ltd. Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others, 1991, 20 CLC (HCD)

.... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167....... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167...

Category: Labour and Industrial Law | Date: | Hits: 112

Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)

.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ...... which was communicated to the petitioner on 13.4.84 in time. The respondent No.2 having not recovered from his illness, sent another medical certificate together with an application for extension of leave. These were sent to the petitioner by registered post on 23.4.84 which was received by the pet..

Category: Labour and Industrial Law | Date: | Hits: 120

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ......ate for the petitioner that under some exceptional circumstances as narrated in the application the concerned documents could not be filed along with the plaint on 16.8.88; hence the application, for leave of the Court for reception of the said documents which ought to have been allowed. He had furt..

Category: Procedural Law | Date: | Hits: 76

Mansur Ali (Md.) Vs. Janata Bank and others, 1990, 19 CLC (HCD)

.... In the case of Demur Mohan Vs. Jagdip Mohon reported in AIR 1936 Patna 535 it is held: "An amendment which involves a substantial alteration of the cause of action should not be permitted more specially when the suit was brought long after the period of limitation." 18. The learned Advocat...... of the learned Munsif does not call for interference at this stage. In the result, the rule is discharged without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 394. ..

Category: Administrative Law | Date: | Hits: 189

Naogaon Chitrabani Ltd. Vs. Naogaon Cinema Hall Sramajibi Union and another, 1990, 19 CLC (HCD)

....ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ......ake step in this behalf. We, however, make no order as to cost. Let the records of the Registrar, respondent No. 2 be sent back at once. Ed. This Case is also Reported in: 43 DLR (1991) 392. ..

Category: Labour and Industrial Law | Date: | Hits: 115

Khokan Vs. State, 1990, 19 CLC (HCD)

.... Special Powers Act, 1974. He contends that the notification made by the Magistrate under section 339B Cr.P.C. is not a legal and proper notice, in view of the fact that the Special Powers Act made a special provision for notification under section 27(6) of the Special Powers Act, in view of section......ary and the trial of the case should proceed even if the accused appellants or any of them do not surrender to the trial Court as directed. Ed. This Case is also Reported in: 43 DLR (1991) 387. ..

Category: Criminal Law | Date: | Hits: 67

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

....annot go beyond the grounds embodied in annexurc‑13 on which the satisfaction of the detaining authority was based. 28. The object of enactment of the Special Powers Act, 1974 was to provide for special measures for the prevention of certain prejudicial activities, for more speedy trial and eff......, PS Gulshan, Dhaka now detained in Dhaka Central Jail be at once released from custody if not wanted in connection with any‑other case. Ed. This Case is also Reported in: 43 DLR (1991) 372. ..

Category: Constitutional Law | Date: | Hits: 178

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ......d Sarker Vs. The State, 55 DLR (AD) 1 and Badiur Rahman Chowdhury Vs. Nazrul Islam and another, 16 BLD (AD) 263). However, those cases relate to a different category of minors, i.e. those deciding to leave the paternal home in favour of their paramours. There is a marked divergence in the views of t..

Category: Family Law | Date: | Hits: 327

Government of Bangladesh and others Vs. Md. Mustafizur Rahman Kanchan, 2011, 40 CLC (AD)

....eration of the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009 be stayed till disposal of the appeal. Ed. This Case is also Reported in: ......ppeal No.1846 of 2010. (From the judgment and order dated 08.04.2010 passed by the High Court Division in Writ Petition No.1086 of 2009) Order Muhammad Imman Ali J. - The delay in filing the leave petition is hereby condoned. 2. This petition for leave to appeal is directed against the j..

Category: Fiscal/Taxation Law | Date: | Hits: 96

M. Akbar Ali Vs. Government of Bangladesh, 2011, 40 CLC (AD)

...., we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ......, we are of the view that the order of status quo was rightly vacated. Hence, we do not find any merit in this petition, which is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 433. ..

Category: Others | Date: | Hits: 148

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ......he Rule by judgment and order dated 11.05.2005, which is now under challenge in the instant appeal, as well as in the aforementioned Civil Petition for Leave to Appeal. In Civil Appeal No.218 of 2007 leave was granted to consider whether the issuance of a seven days’ notice under Rule 3 of the Dec..

Category: Election Law | Date: | Hits: 152

Amir Hussain Sowdager Vs. Mohammad Harunur Rashid, 2011, 40 CLC (AD)

....reparation of paper-book is dispensed with as prayed for. Let the order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 314. ...... son of late Mafizur Rahman.........................Petitioner Vs. Mohammad Harunur Rashid, son of late Khaiez Ahmed & others………Respondents Judgment March 8, 2011. Result: The leave is granted. Lawyers Involved: Abdul Wadud Bhuiyan, Senior advocate instructed by Md. Naw..

Category: Property Law | Date: | Hits: 98

Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)

....n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dis­missed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ..

Category: Property Law | Date: | Hits: 93

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185.......s 3 and 5 of Act V of 2009 and pur­suant to the direction of the Administrative Appellate Tribunal, the Election commission complied with such direction, there has been a waiver of the right to file leave petition and as such leave petitions are incompetent. It is fur­ther contended that there was..

Category: Administrative Law | Date: | Hits: 188

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..

Category: Criminal Law | Date: | Hits: 63

Abdul Hakim and others Vs. The State, 1990, 19 CLC (HCD)

....nal statement would not cure that initial illegality. 6. The provisions of section 164 Cr.P.C. is relevant. Section 164 Cr.P.C. provided that any Magistrate of the 1st class or of the second class specially empowered in this behalf may record any statement 6f confession made to him in course of i......dingly discharged. The stay granted earlier is hereby vacated. The proceeding is to continue. Inform the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 291, 43 DLR (1991) 389. ..

Category: Criminal Law | Date: | Hits: 74