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Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
....of 1989. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure, opposite party Nos. 1 and 2 are directed to show cause as to why the order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 6 o......from the date of their knowledge. This application under Order 9 rule 13 of the Code of Civil Procedure was registered as Miscellaneous Case No. 61 of 1987. 4. From the records it appears that the notices were served upon the opposite parties about the aforesaid miscellaneous case. Opposite parti......e order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous Case No. 6 of 1987 rejecting an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree passed in Title Suit No. 95 of 1982 should not be set aside. ..Category: Procedural Law | Date: | Hits: 68
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
.... Criminal Revision No. 3521 (R) of 1991 and Suo Motu Rule No. 329 (R) of 1993. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the convict is directed against judgment dated 7.8.91 passed by the Additional Sessions Judge‑in‑charge (Ex‑officio special Judge), Ran......ul Jalil is a businessman and customer of the bank having Account No.1692. His cheque book Ext. 11 and personal diary Ext. 12 were seized as per seizure list Ext. 13. He sent letter Ext. 14 and legal notice Ext 15 to the bank for correction of his ledger. P.W.9 Md. Mofazzal Hossain is Manager of P.W......in Special Case No.1 of 1987 convicting the appellant under section 409 of the Penal Code read with section 5(2) of Prevention of Corruption Act (II of 1947) and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5000.00, in default, to suffer rigorous imprisonment for six month..Category: Criminal Law | Date: | Hits: 91
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....ttled to them and which they had been enjoying. The petitioner's right title, interest and possession of the said 0.29 decimal of land was affirmed by the 1st Munsif Khulna by his judgment and decree dated 30.4.66 in Title Suit No.426 of 1965. In an appeal filed by the then Province of East Pakistan......ong with other refugees were forcibly evicted on 28.2.83 from the said lands by armed police force. It is claimed by the petitioners that this forcible eviction was illegal, arbitrary and without any notice. The petitioners have annexed a newspaper report published in the Bangladesh Observer about t......4. Writ Petition No. 453 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992,..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....-For or the Appellants. Abdur Rob Chowdhury, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No.150 of 2002. (From the judgment and order dated the 27th day of April, 2000 passed by the Administrative Appellate Tribunal in Anneal No.28 of...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. Â ......ribunal in Administrative Tribunal Case No.59 of 1996 allowing-in-part. 2. The facts involved in the ease, in short, are that the respondent instituted Administrative Tribunal Case No.59 of 1996 before the Administrative Tribunal, Dhaka stating, inter alia, that he joined on 2.10.1977 as a Deputy..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....ent and order passed by the Respondent 1, Labour Court, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985 and the proceeding of the Criminal Case No.21 of 1985 of the said Court and its order No.8 dated 21.11.85 have been passed and taken without lawful authority and are of no legal effect. 2.......f the Industrial Relations Ordinance, 1969, hereinafter shall be referred to as the Ordinance, in the Court of Respondent No.1, the Chairman, Labour Court, Rajshahi for declaration that the lay‑off notice of the petitioner 1 dated 10.1.85 was illegal and for an order upon the petitioner to pay wag......ase No.6 of 1985 under section 34 of the Industrial Relations Ordinance, 1969, hereinafter shall be referred to as the Ordinance, in the Court of Respondent No.1, the Chairman, Labour Court, Rajshahi for declaration that the lay‑off notice of the petitioner 1 dated 10.1.85 was illegal and for an o..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
.... in 1985‑86. It also further appears that the Board of Directors of BCI Limited appointed accused petitioner Mustafizur Rahman as the President and Managing Director of BCI Limited in its meeting dated 4.10.86 and the said fact was informed to the Governor, Bangladesh Bank by their letter dated ......CI Limited has been hit by a liquidity crisis and as a result its branches have become inoperative, that reports from Khulna said that the branch of the BCI has abruptly ceased operations without any notice for the past 3 days, that hundreds of depositors have been crowding the Branches of BCI Limit...... on 26.4.83 as an Assistant Vice‑President. Subsequently he became its Vice‑President with effect from 1.1.86 and served till 8.1.87. It appears from the papers submitted by the Bangladesh Bank before this Court that accused petitioner Mustafizur Rahman although served in the National Bank Limit..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....Appellant. Abdur Rashid Gazi, Advocate ‑ For the Respondent. First Miscellaneous Appeal No.224 of 1990. Judgment ARM Amirul Islam Chowdhury J.- This appeal is directed against the award dated 28.5.85 passed by Arbitrator (4th court of Sub‑Judge), Dhaka in Arbitration case No.333 of 1...... aggrieved by the compensation assessed by LA Collector the respondent preferred Arbitration case No.333 of 1984. The arbitrator on the evidence and materials on record came to the conclusion that no notice under section 5(1a) read with 5(3) of the Emergency Requisition and Acquisition of Property A.......1975 acres of ditch land of respondent had been requisitioned and finally acquired on 28.2.83 in LA case No.41/64‑65. The land acquisition collector assessed in all Tk. 1,10,627.74 as compensation for the land. 3. Being aggrieved by the assessment of compensation made by the LA Collector, the ..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
.....4 for the post of Chairman of Narsingdi Pourashava election submitted on 5.1.93. The case of the petitioner is that he is a voter in the election of the Chairman of Narsingdi Pourashava and the last date of filing the nomination papers has been fixed to be on 5.1.93. The respondent No.3, the Return......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ...... Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Abdul Hayat Sarker, respondent No.4 for the post of Chairman of Narsingdi Pourashava election submitted on 5.1.93. The case of the petit..Category: Election Law | Date: | Hits: 126
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....ct, 1974 and sentenced thereunder to suffer rigorous imprisonment for 7 years and to pay a fine of tk. 5000.00, in default, to suffer rigorous imprisonment for one year more by the judgment and order dated 15.2.1990 passed by the Senior Special Judge, Thakurgaon. As the appeal is directed against th......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by t..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....ent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission in its meeting dated 5.11.88 approved the scheme for 100 feet wide link road over the said building of the petition......f 100 feet wide link road to save valuable land. Thereafter respondent No.1 started LA Case No.40 of 1989‑90 for acquisition of 2.95 acres of land belonging to the petitioners and others and issued notices and compensation payable to the petitioners for acquisition of their land and building was a......that land and the mosque and grave of their predecessor late Colonel MA Rashid to the southern side thereof. Respondent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission..Category: Property Law | Date: | Hits: 79
State Vs. Sk. Arif Newaz and others, 2011, 40 CLC (HCD)
....ndents. Govt. Criminal Appeal No.24 of 2004. Judgment Md. Ruhul Quddus J. - This appeal under section 10 of the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.13 of 2003. 2. .......W.14 Mohananda Biswas was tendered by the prosecution and cross-examined by the defense. In cross-examination he stated that he was the Chairman of Jalma Union Parishad in 2000-2001. On receipt of a notice from an Officer of the Bureau of Anti-Corruption, he met him and informed him that half of th......f the Criminal Law Amendment Act is directed against judgment and order of acquittal dated 30.9.2003 passed by the Divisional Special Judge, Khulna in Special Case No.13 of 2003. 2. Facts relevant for disposal of the appeal, in brief, are that the informant Md. Zahid Hossain, an Inspector of the ..Category: Criminal Law | Date: | Hits: 86
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ed Advocate appearing for the opposite parties. 3. In the application filed by the petitioner before this Court, the petitioner being the father of the victim girl made grievance against the order dated 17.10.90 passed by the Sessions Judge, Noakhali in Criminal Miscellaneous Case 1041 of 1990 an......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ...... on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously praye..Category: Criminal Law | Date: | Hits: 80
Philips Electrical Company Ltd. Vs. Commissioner of Taxes (South) Zone, Dhaka, 1992, 21 CLC (HCD)
.... of the affairs of the assessee company was situated wholly in Pakistan, which according to definition given in the Act, is taxable territory as the previous year ended before March 26, 1971 on which date Bangladesh emerged as an independent state. We also agree with the view of the Tribunal that un...... answer the questions referred to us in the negative and against the Revenue. Parties are to bear their respective costs although. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 190. ...... Rahman J.- This reference application under section 66(1) of the Income Tax Act, 1922 is at the instance of the Assessee-Âapplicant. The applicant by this application refers the following questions for our answer: "(i) Whether in the facts and circumstances of the case the Tribunal was legally ..Category: Fiscal/Taxation Law | Date: | Hits: 109
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
....y General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the High Court Division in Criminal Appeal No.3534 of 2001.) Order S...... a, District-Rajbari in connection with the case and to admit him on bail to his satisÂfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ber 7, 2010. Lawyer Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the Hig..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
.... instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the High Court Division in Criminal Appeal No.1874 of 1999.) Order S......Âeration. Leave is, therefore, granted on the addiÂtional grounds. Preparation of the paper book is disÂpensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......y 13, 2010. Lawyers Involved: AFM Mesbauddin, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the Hi..Category: Criminal Law | Date: | Hits: 71
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....neral, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the High Court Division in Death Reference No.54 of 2004 with Criminal App......not find her baby son and the accused on the kot. She raised cry and on hearing cry her parents rushed into her room and thereÂupon they searched the whereabouts of her son but to their dismay, they noticed the dead body of the baby son was floating in the pond at about 11 a.m. Sheuli Begum alleged......10. Lawyers Involved: Bismader Chakraborly, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the Hi..Category: Criminal Law | Date: | Hits: 71
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....‘General ‑ For the Respondent. Writ Petition No.407 of 1985. Judgment Sultan Hossain Khan J.- This application under Article 102 of the Constitution as revived is directed against an order dated 8.8.85 forfeiting the book in Bengali, styled "Islam‑i‑Nabuat" written by Moulvi Muhammad ...... under section 99A of the Cr.P.C. to forfeit the book. The respondent has further submitted that the publication of the book constituted an offence under section 295A of the Penal Code and as such no notice to show cause is necessary before issuing of the impugned order of forfeiture. The respondent......For the Respondent. Writ Petition No.407 of 1985. Judgment Sultan Hossain Khan J.- This application under Article 102 of the Constitution as revived is directed against an order dated 8.8.85 forfeiting the book in Bengali, styled "Islam‑i‑Nabuat" written by Moulvi Muhammad Ameer, Bangla..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....further extension of contract will be with mutual agreement. After completion of probation his services were placed on 5 years contract with effect from 7.10.66 by defendant No. 3, Secretary's letter dated 29.4.69. Thereafter on the expiry of two more consecutive five years term contracts with effec......ommittee with evidence and witnesses on his behalf on 23.5.83 at 10‑00 AM in the Board Room of the BSEC, Steel House, Kawran Bazar, Dhaka for enquiry into the said 6arges. Even after receiving this notice the plaintiff did, riot turn up before the Enquiry Committee at the aforesaid place on 23.5.8......n 29.2.88 should not be set aside. 2. On 28th July, 1983 plaintiff Abdul Jalil instituted Title Suit No. 301/83 in the First Court of Subordinate Judge, Dhaka, stating that he was appointed in the former East Pakistan Industries Development Corporation as a Metallurgical Engineer, Iron & Stee..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....For the Opposite Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant filed an application for adjournment but the Court rejected......t within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 473. ......er. Syed Badrul Alam, Advocate ‑ For the Opposite Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the date of peremptory hearing the defendant filed an application ..Category: Procedural Law | Date: | Hits: 104
....is Rule Nisi obtained by the petitioner under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondents to show cause as to why the impugned judgment and order dated 15.8.85 by the respondent No. 1 in Complaint Case No. 116 of 1983 (Annexure‑D) should not be......e been passed without any lawful authority and is of no legal effect and the Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 471.
......t he was a permanent worker under the petitioner and he had a clean service record and discharged his duty according to instructions of his superiors. He was served with a charge‑sheet dated 5.1.83 for misconduct and he submitted as the date of explanation dated 6.1.83 denying the allegations It i..
Category: Labour and Industrial Law | Date: | Hits: 133
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