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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)

....er is a member, Badarkhali Co-operative. Agricultural and Rehabilitation Samity Limited, Cox’s Bazar and that the respondent Nos. 1, 2 and 9 are the public functionaries under the Ministry of Local Government, Rural Development and Co-operative, Rural Development and Co-operative Division the resp......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)

....ection Tribunal, Barisal by the respondent No.1, the Bangladesh Election Commission, and it was registered as Election Case No.5 of 1996. Subsequently when an election tribunal was constituted by the Government for Barisal District, it was transferred to the Barisal Divisional Election Tribunal wher......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)

.... learned Advocate also submitted that the decree as passed being unenforceable is a nullity. 4. Mr. Nurullah in elaborating his submissions on the dismissal order referred to the provisions of the Government Servants (Discipline and Appeal) Rules, 1976 which is also applicable for the Corporation...... 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)

....n amongst Hindu females of Bengal. 4. After the partition of Bengal and India in the year 1947 and the creation of Pakistan as an independent State, the Administrator General and Official Trustee, Government of East Pakistan used to manage and administer the portion of trust properties, khas land......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)

.... The Member, Labour Appellate Tribunal and others...............Respondents Judgment May 20, 1991. Result: The Rule is discharged. Cases Referred to- Dada Match Workers Union Vs. Government of Bangladesh and others, 29 DLR 188; Khulna Shipyard Employees Union Vs. General Manager......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)

.... the Registrar, Joint Stock Companies alleging some mismanagement’s of Nahar Shipping Lines Ltd. Annexure "J" is also another letter written by Mrs. Rehana Ahmed to Secretary, Ministry of Commerce, Government of Bangladesh, bringing certain allegations regarding mismanagement of the company. Annex......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)

....ment Rules, 1984, provides that: “Appointment by promotion.—(1) Appointment by promotion to a specified post shall be made on the recommendation of such Departmental Promotion Committee as the Government may constitute in this behalf: Provided that in the case of promotion from a lower cla.......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)

.... 2. The case of the petitioner, in short, is that the schedule of election of both the Chairman and members of Chanpur Union Parishad within Thana Mehendiganj. District Barisal was declared by the Government to be held on 5-10-92. The respondent No.5 was appointed as the Returning Officer for con......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)

.... stay granted at the time of issuance of the Rule is vacated. Let a copy of the order be sent to the Court concerned immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 259. ...... 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)

....eirs; (1) Musammat Masuda Begum and others ..........................Opposite Parties Judgment May 2, 1994. Result: The Rule is discharged. Cases Referred to- Ali Ekabbar Farazi Vs. Government of Bangladesh, 26 DLR 394; Shyamapada Singha and others Vs. Dhirendra Nath Bhadra alias S......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)

....¦â€¦â€¦â€¦â€¦Petitioner (In Writ Petition No. 2644 of 1990) Abdul Gani, Proprietor of Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Divis......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