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Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....his Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during the subsi......his day to the petitioner to vacate the house in question. Sheikh Hassan Arif J.- I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 597, 63 DLR (2011) 385, 8LG (2011) HCD 189. ..

Category: Property Law | Date: | Hits: 88

State Vs. Shahin and others, 2009, 38 CLC (AD)

....on No.73 of 2009) Criminal Petition for Leave to Appeal Nos. 75, 74 & 73 of 2009. Judgment Md. Tafazzul Islam J. –These petitions for leave are directed against the judgment and order dated 12.8.2008 of the High Court Division passed Death Reference No.46 of 2004 heard analogously wi...... of Punjab AIR 1970 SC 1566, the case of Lallubhai Devchand Shah Vs. State of Gujara, AIR 1972 SC 1776 took the view that before relying upon a dying declaration it is the duty of the Court of law to scrutiny the same beyond all reasonable doubt. Further the defence case is that the respondents were..

Category: Criminal Law | Date: | Hits: 33

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

....ant Attorney General- For the State. Criminal Appeal No. 1693 of 1996. Judgment Md. Abdul Aziz J.- This appeal is directed against the impugned judgment and order of conviction and sentence dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ..

Category: Criminal Law | Date: | Hits: 83

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

.... inquest report as Exhibit 2 and his signature thereon as Exhibit 2(1). 5. PW 2 is Abdus Samad. He stated that he is the co-villager of the informant and used to know deceased Rajah Ali and on the date of occurrence he was in Dulauri Hut and the occurrence took place at about 7‑30/8‑00 PM and......y of this judgment be forwarded to the court of Additional Sessions judge, Court No‑1, Pabna for necessary action in accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 61. ..

Category: Criminal Law | Date: | Hits: 38

Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)

....esented- the Respondents. Civil Petition for Leave to Appeal No. 642 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal is directed against the judgment and order dated 13.03.2007 passed by the High Court Division in Civil Revision No.1170 of 1998 making the Rule......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ..

Category: Property Law | Date: | Hits: 30

Managing Director, Rupali Bank Limited & Ors. Vs. Chairman, First Labour Court & ors., 1992, 21 CLC (HCD)

....t Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be declared to ......ufficient materials and as such the decision does not call for any interference by this court. In the result, the Rule stands discharged. Ed. This Case is also Reported in: 46 DLR (1994) 143. ..

Category: Labour and Industrial Law | Date: | Hits: 93

Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)

.... Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 s......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..

Category: Property Law | Date: | Hits: 32

Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

.... requisition in 1965 and, as such, the claim of the petitioners suffers from latches and inordinate delay after 34 years. Claim of the petitioners that they were directed to vacate the land by notice dated 20-4-99 has been specifically denied and in paragraph 15 of the affidavit-in-opposition it has......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..

Category: Property Law | Date: | Hits: 27

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

.... Not represented—the Respondents. Writ Petition No. 1638 of 1996. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board Case No. 442 (Pathar) 89-90 Patharghata ...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ..

Category: Property Law | Date: | Hits: 24

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

....s Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd.,...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66...

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....re as illegal and without any lawful authority and also asked for the protection of his fundamental right and of other citizens threatened to be violated by calling and observing ‘hartal’ on that date or in near future. From the submission made and citations placed by the learned Counsels of the......cal integrity of the flag in all circumstances, but is designed to protect it from intentional and knowing abuse that causes serious offence to others. it is therefore subject to “the most exacting scrutiny. “Boos Vs. Barry 485 US 312, The Government may not prohibit the verbal or nonverbal expr..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....1 of 2010) Not represented-The Respondents (In Civil Petition Nos.767-769, 772-773 and 781 of 2010). Civil Petition for Leave to Appeal Nos.761,767-769,772-773 and 781 of 2010. (From order dated 21.03.2010 passed by the High Court Division in Writ Petition No.3503 of 2009 in connection wi......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..

Category: Environmental Law | Date: | Hits: 344

Mohammad Reazaul Karim and others Vs. A. B. M. Khalequzzaman and others, 2010, 39 CLC (AD)

....r Respondent Nos. 18 (In Civil Appeal No.321 of 2008). Not represented- Respondent No.19-21 (In Civil Appeal No.321 of 2008). Civil Appeal Nos. 319-321 of 2008. (From the judgment and order dated 11.09.2008 passed by the High Court Division in Company Matter No. 1 of 2008 heard analogous w......r no interference by this Court. In the result, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 369, 62 DLR (AD) (2010) 411...

Category: Company Law | Date: | Hits: 191

Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)

....unction and compensation with a prayer for temporary injunction to restrain the defendant from taking over the possession of the aforesaid vessel, namely, MV. Hemayetuddin and this Court by its order dated 2nd April, 2002, issued a notice upon the defendant to show cause as to why an order of tempor......endants as their land is essentially a personal one and it has been submitted to the Court for it decision on the question. Acceptance of the verdict of the Court on a certain dispute, subject to the scrutiny by the superior Courts as final and binding between the parties is an essential feature of ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 188

Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)

....99 (Contempt). Judgment Syed Amirul Islam J.- This Rule was issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn of conviction and sentence dated 27‑5‑1999 passed by this court in Civil Rule No. 229 (FM) of 1999. 2. The relevant fact...... rent from her. To same effect she also filed another Petition on 11‑8‑1999. We have carefully examined the contents of these applications (Annexures "B", "C" and '’D’' of the petition). On a scrutiny it is found that at no point of time the petitioner actually tendered any rent or electric ..

Category: Property Law | Date: | Hits: 34

Bhola Vs. State, 2001, 30 CLC (HCD)

....y­-General‑ For the State. Criminal Appeal No. 673 of 1997. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of accused appellant Bhola against the judgment and order dated 29‑10‑1991 passed by the learned Sessions Judge, Sherpur in Sessions Case No. 40 of 1990 c......s order dated 29‑10‑91 is upheld with the above modification and the appeal is dismissed. Send down the lower court's record immediately. Ed. This Case is also Reported in: 55 DLR (2003) 36...

Category: Criminal Law | Date: | Hits: 41

Hotel Agrabad Ltd. Vs. Chairman, Labour Court and others, 1999, 28 CLC (HCD)

.... being disposed of by this Judgment. 2. In these Rules the petitioner Company "Hotel Agrabad Ltd." (hereinafter called the peti­tioner Company) has called in question the judg­ment and order dated 31-12-91 passed in IRO Case Nos. 78 and 79 of 1984 by the First Labour Court, Chittagong where......hment. Thus, we do not find any substance in the submission of Mr. Ahmed that the restaurant and the bakery shop had their own independent entity independently of the petitioner Company. On a careful scrutiny of the scheme as appended to the schedule to the Act, it appears that when a company is inv..

Category: Labour and Industrial Law | Date: | Hits: 121

Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)

....tion 498 of the Code of Cri­minal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising out of Dighalia Police Station Case No.8 dated 31-1-2007, under section 25 of the Special Powers Act, 1974 now pending in the Court of Magist......ourt has impliedly been curtailed by way of necessary implication. The learned Additional Attorney-General has however, refrained from making any submission as to the availability of limited scope of scrutiny and jurisdiction of this Court, even after the alleged curtailment or ouster, as the case m..

Category: Criminal Law | Date: | Hits: 50

Mohammad Ullah (Driver) Vs. State, 2007, 36 CLC (HCD)

.... Criminal Revision No. 555 of 2006. Judgment Sharifuddin Chaklader J.- This Rule at the instance of the convict appellant-petitioner who is in jail is against the judgment and order dated 15-3­-2006 passed by the learned Sessions Judge, Munshiganj outright rejecting the memorandum......oned. The learned judge is directed to proceed with the appeal in accordance with law. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 281. ..

Category: Criminal Law | Date: | Hits: 36

Mozam and others Vs. State, 2006, 35 CLC (HCD)

....nt SM Ziaul Karim J.- This appeal, at the instance of convict-appellants namely (1) Mozam, (2) Mazid (3) Jamshed, (4) Alek, (5) Akam and (6) Khorshed is directed against the judgment and order dated 16­8-1998 passed by the learned Judge of the Nari-o-Shishu Nirjatan Damon Bishesh Adalat, Jes......t examined by the prosecution. So, we find that there is no legal evidence regarding her recovery. Let us now consider how far the prosecution could prove the complicity of the appellants. On careful scrutiny we find that the prosecution case against the appellants absolutely rest on the evidence of..

Category: Criminal Law | Date: | Hits: 82