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Solaiman (Md.) Vs. State and another, 2010, 39 CLC (HCD)

....ection with the Rule stands vacated. Send a copy of this Judgment and order to the Court below for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 385.......) under section 138 of the Negotiable Instruments Act, 1881 (hereafter referred to as the Act), now pending in the Court of Metropolitan Magistrate, Chittagong, should not be quashed and/or any other order passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 9-3-2008, ..

Category: Criminal Law | Date: | Hits: 75

Amanullah (Md.) Vs. State and another, 2010, 39 CLC (HCD)

....me of issuing of the Rule is vacated. Let a copy of this Judgment and order be sent to the Court concerned at once of information. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 382. ......ion No.1451 of 2009. Judgment Md. Abdus Samad J.- This Rule, at the instance of accused-petitioner Md. Amanullah, was issued calling upon the opposite-party to show cause as to why the impugned order of framing of charge dated 6-7-2009 passed by the learned Special Judge, Court No.4, Dhaka, re..

Category: Criminal Law | Date: | Hits: 84

Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)

....g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ...... expired on 22-12-2005 and 1-5-2006; that the liability of the accused stands at Taka 70,63,291 including profit with compensation and the accused became defaulter borrower and that in this regard in order to repay the money the accused issued to cheques amounting to Taka 9,00,000 bearing cheque No...

Category: Civil Law | Date: | Hits: 150

Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)

....en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......the Respondents. Writ Petition No. 1643 of 1991. Judgment Zakir Ahmed J.- In this Writ petition under Article 102 (2)(a) (ii) of the Constitution the petitioner challenged the legality of an order contained in Memo No.1st 236/84/1112/7 dated 9-8-1988 (Annexure I to the petition) passed by t..

Category: Civil Law | Date: | Hits: 128

Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)

....pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ......as made absolute by the High Court Division on 25-8-96 by holding that for ends of justice, the bye-election shall remain stayed till the disposal of the election petition. A copy of the Judgment and order was produced before us. 9. The petitioner thought that if the by-election was allowed to be..

Category: Election Law | Date: | Hits: 162

Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)

....ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ...... corporation and also for a decree for all arrear pay, allowances due and payable to him with costs and also for any other for further relief as the Court may deem fit and proper, contending that the order of dismissal dated 27-9-82 is not lawful in as much as the order of conviction dated 18-8-82 g..

Category: Employment/Service Law | Date: | Hits: 182

Syed Wali Mohammad Salehuddin, 1990, 19 CLC (HCD)

....further order as to costs. The assistance given by Mr. Ahmed Nurur Reza and Mr. Saidur Rahman at the time of hearing is appreciated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 268.......or under the provisions of the general law of the land, if not specially given so by the trust instrument. It has been submitted by the learned Advocate or the Administrator General that it can be so ordered by this Court. Section 28 of the Administrator General's Act provided thus: 28. (1) "The ..

Category: Trust/Waqf Law | Date: | Hits: 166

Pabna Motor Employees Association Vs. Member, Labour Appellate Tribunal and others, 1991, 20 CLC (HCD)

....eason to quash the judgment and order impeached in this writ petition. The result is: we discharge the Rule. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 265. ......tition No.730 of 1938. Judgment AM Mahmudur Rahman J.- This Rule Nisi issued under Article 102 of the Constitution called upon the respondents to show cause as to why the impugned judgment and order passed by the respondent No.2 on September 1,1987, setting aside the order of the respondent N..

Category: Labour and Industrial Law | Date: | Hits: 171

Rehana Ahmed and others Vs. Nahar Shipping Lines Lim­ited, 1990, 19 CLC (HCD)

....pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256.......filed a supplementary affidavit on 9.4.89 showing that the petitioners have got beneficiary interest upto 27% of the shares. On 31.1.90 the petitioners filed an affidavit notifying on compliance with order passed by the Court by respondent prejudicing the interest of the petitioners right On 26.2.90..

Category: Company Law | Date: | Hits: 233

Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)

....lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ......ents. Criminal appeal No.95 of 1987. Judgment Md. Abdul Jalil J.- This appeal under section 417(2) of the Code of Criminal Procedure at the instance of the complainant is directed against an order dated 18.11.87 passed by Mr. Kazi Abu Taher, Magistrate, 1st Class, Patiya Upazila, Chittagong..

Category: Procedural Law | Date: | Hits: 85

M.A. Mannan Vs. Biman Bangladesh Air Lines, 1989, 18 CLC (HCD)

.... impugned order, namely, Annexure-G is hereby declared to have been passed without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 318. ......1988. Judgment Nurul Huque Bhuiyan J.- This Rule Nisi obtained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the respondent to show cause as to why the order dated 19.10.87 signed by the Assistant Manager (Personnel) of the respondent-Corporation shoul..

Category: Employment/Service Law | Date: | Hits: 225

Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)

....is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. .......1 should not be declared to have violated the fundamental rights of the petitioner as guaranteed in Article 29 read with Articles 27 and 31 of the Constitution and, as such, why necessary directions/orders shall not be given to the respondents. This Rule was issued by an order dated 18-8-97 amendin..

Category: Administrative Law | Date: | Hits: 326

Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)

....l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ......o show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge shall no..

Category: Election Law | Date: | Hits: 154

Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)

....lam Khan, the learned Advocate Appearing for the petitioner, submits that the impugned order on the face of the record is illegal and has occasioned failure of justice since the order itself is not a speaking order and no reasoning has been given for rejection of the application. The order ex facie ...... Mir Mahfuzur Rahman with Fara Mahmuda, Advocates ‑ For the Opposite Parties. Civil Revision No.1346 of 1994 Judgment Shah Abu Nayeem Mominur Rahman J.- This Rule is directed against the order dated 2-3-94 passed in OC Suit No.33 of 1989 by the 1st Court of Additional Sessions Judge, Ta..

Category: Procedural Law | Date: | Hits: 85

Monorajan Saha and another Vs. Farida Khatun and others, 2010, 39 CLC (HCD)

....ipt of copy of this judgment after notifying the parties as per law. Send copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 239. ...... Opposite Parties. Civil Revision Case No.2591 of 2008. Judgment AFM Ali Asgar J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 22-5-2008 passed in Miscellaneous Appeal No.17 of 2007 by the learned Joint District Jud..

Category: Procedural Law | Date: | Hits: 88

Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)

....y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235.......tion 561A Code of Criminal Procedure 1898 (the Code) has been issued at the instance of the accused No.3 petitioner calling upon the opposite parties to show cause as to why the impugned judgment and order dated 20-11-2001 passed by the learned Metropolitan Additional Sessions Judge, 1st Court, Dhak..

Category: Criminal Law | Date: | Hits: 79

Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)

....iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dis­missed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ......80 of 2009. 2.  The facts giving raise to this appeal are as follows:— The appellant obtained a loan of taka 7,50,000 on 12-9-1989 from Sonali Bank (here­inafter referred to as the Bank) in order to com­plete the unfinished construction of his house on plot No.45, Road No.7, Sector-4 at U..

Category: Civil Law | Date: | Hits: 138

Abdul Kader and another Vs. Abdul Aziz having died his heirs; (1) Musammat Masuda Begum and others, 1994, 23 CLC (HCD)

.... In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 67. ......it was inter alia, held: "The word 'Transfer' in section 95A has been used in the sense of a transfer by way of a mortgage, the necessary conclusion which follows from the said premises is that in order to bring a transaction of out and out sale with an agreement to reconvey within the purview of..

Category: Property Law | Date: | Hits: 78

Baharuddin Vs. State, 1993, 22 CLC (HCD)

....e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61....... the State. Criminal Appeal No. 2030 of 1991. Judgment Muhammad Ansar Ali J. -This appeal at the instance of accused Bahar Uddin alias Bahar, son of Mohiuddin arises out of the judgment and order dated 31.10.92 passed by the learned Additional Sessions Judge, 1st Court, Dhaka in Sessions C..

Category: Criminal Law | Date: | Hits: 81

Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)

.... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57.......riff value, duty and Lax by virtue of SRO dated 18.6.88 and 15.6.88 vide Annexures-B 4 and E made by the Customs Authority is illegal, unconstitutional and violative of fundamental right as such, the order should be declared to have been passed without any lawful authority. In support of his content..

Category: Fiscal/Taxation Law | Date: | Hits: 155