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Abul Basar Sowdagar Vs. Aminul Huq & others, 1989, 18 CLC (HCD)
....l. I confirm the judgment and decree passed by the lower appellate Court and dismisses this appeal. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 312....... Sirajul Huq and as such Ataul Huq will inherit Sirajul Huq to the exclusion of defendant 1's vendor Md. Rafique who is Sirajul Huq's maternal aunt's son's son i.e. one degree lower than Ataul Huq in order of inheritance." 6. Now let us consider the contention of the learned Advocate that whether..Category: Property Law | Date: | Hits: 103
State Vs. Mohammad Salim, 2010, 39 CLC (HCD)
....005 is accordingly disposed of. Let the lower Court's records along with a copy of this judgment be transmitted to the trial Court. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 99. ......r confirmation of sentence of death awarded by him to the condemned prisoner Mohammad Salim convicting him under section 302 of the Penal Code in Sessions Trial Case No. 1 of 2001 by the judgment and order dated 27-6-2005. 2. Against the said judgment and order convict prisoner preferred Criminal..Category: Criminal Law | Date: | Hits: 118
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....91.......so drew the attention of the management to resolution No. 4 of the minutes of the 103rd Board meeting held on June 29, 2006 on sale of shares by any of the Sponsor Shareholders. 7. SEC then issued order No. SEC/SRMID/2003-30/1104-944 dated 15-1-2007 under section 14(1) of the Depository Act, 1999..Category: Business or Commercial Law | Date: | Hits: 237
Gadu Mia & others Vs. State, 1991, 20 CLC (HCD)
....ted from the charge levelled against them and they shall be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 246. ......of 1985. Judgment Muhammad Ansar Ali J.- This appeal by appellants 1). Gadu Miah alias Gadu, 2). Md. Majibur Rahman alias Madhu, 3). ldris Ali 4). Wazed Ali is directed against the judgment and order dated 11.7.1985 passed by the Additional Sessions Judge Tangail in Sessions Case No.69 of 1984..Category: Criminal Law | Date: | Hits: 106
State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)
....five or more persons is assigned an ‘unlawful assembly’ if the common object of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public...... allegations and that the accused persons were quite innocent. 6. The learned Additional Sessions Judge having considered the facts, circumstances and evidence on record vide impugned judgment and order convicted 19 accused including the condemned prisoner Dr. Md. Nurul Islam and 17 other appella..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......nj, District-Dhaka in Sessions Case No. 319 of 1996 arising out of Keraniganj Police Station Case No. 27(1)95 dated 24.1.1995 corresponding to G.R. Case No. 122 of 1995. By the self-same judgment and order the learned Additional Sessions Judge also convicted 7 others on the self-same charge and sent..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......am Mostafa, Advocate - For the Petitioner. Abdul Quayum, Advocate - For the Opposite Party. Civil Revision No. 3192 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 27-5-87 passed by the learned Munsif, Gournadi in Miscellaneous case No.52 of 1986 under..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ice seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to ......tificate to start case? You will be finished” and having seen this informant started running forward. Then his cousin Sukur Shaikh came to obstruct the accused petitioner when accused Rustom Mollah ordered saying “Catch hold of that son of pig”. Hearing the same accused petitioner Abdur Rahman..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
.... by the same his elder brother moved this Court with an application under section 491 of the Code of Criminal Procedure and obtained the present Rule. From the supplementary affidavit it appears that Government extended the detention of the detenu for further period of 3 months with effect from 3-6-......petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, illegal, mala fide an..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....ground giving rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the same. Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing in...... by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending before the Chief Metropolitan Magistrate (CMM) Dhaka by his Judgment and order dated 1-6-97. 2. Security Exchange Commission hereinafter referred to as SEC or Commission;..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....uit is such suit. There is no escape from the liability which is saddled by law. Such statutory liability is based on common law and reliance may be placed on Barbant Vs. King 1895 A.C. 632 where the Government being bailee under contract was held liable for non-feasance. Again in Ranson Vs. Platt 1......act that they have not taken proper care of the goods as required by law under section 151 of the Contract Act. In this view, the High Court Division allowed the appeal and set aside the judgment and order of the trial Court aside and decreed the suit. 4. Leave was granted to consider the correct..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....claration that the order of compulsory retirement of the plaintiff vide Notification No.1417-PH dated 5.6.59 are illegal, ultra vires, void and further the plaintiff is still in service under the Government. 3. The suit was decreed by the Trial Court. The view was taken that the Screening Com......e-on-Record - For the Appellant. Rafiqur Rahman, Senior Advocate instructed by Sirajur Rahman, Advocate-on-record - For the Respondent. Civil Appeal No.111 of 1982. (From the judgment and order dated 17.6.1980 passed by the High Court Division in F.A. No.431 of 1968.) Judgment Badr..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....se, then illegal action must be rectified. The High Court Division has given an inconsistent finding. The authorities in pursuance of the requisition of the Pourashava under Ordinance XXVI of 1970 (Government and Local Authority Lands and Buildings (Recovery of Possession) Ordinance, 1970 took t......gment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment Badrul Haider Chowdhury J.- This appeal by special leave is directed against the judgment and order passed by a Division Bench of the High Court Division in F.A. No.61 of 1979 modifying the decr..Category: Property Law | Date: | Hits: 99
....s Recovery Act, in the aforesaid 7 Certificate Cases denying his liability for the huge arrear revenue dues on the grounds, inter alia, that the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for p......, A.K.M. Shafiqur Rahman and Mustafa Neaz Mohammed, Advocates with him, instructed by B.C. Panday, Advocate-on-Record - For the Respondents.
Civil Appeal No.18 of 1982.
(From the judgment and order dated August 18, 1981 passed by the High Court Division in Civil Revision No.1706 of 1978).
..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....ment, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant) with some constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief corrugated iron sheets (CI sheets) would be available at Bhagalpur Lane area. Then......he alleged act of the petitioner was not done as a public servant and does not attract an offence under section 409 of the Penal Code. In support of his such contention he refers the judgment and order dated 18-5-2008 passed by this Court (High Court Division) in Writ Petition No.8578 of 2007 an..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......………………….Opposite Parties Judgment February 15, 2011. Result: The rule is made absolute. If anybody fails to comply any order passed under the Labour Court then he can only be prosecuted and punished under section 307 of..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
...., 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir N......57 of 2006 under sections 143/147/447/448/427/435/506/114 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of th..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
....reement Annexure-’D’ dated 21-11-84 (28-11-84) is neither a ‘settlement’ nor an ‘agreement’ as per section 2 sub-section (24) of the IRO, because copy of the agreement was not sent to the Government and as such the agreement is not enforceable under section 34 of the IRO. This contention......5 of 1993. Judgment Md. Abdul Aziz J.- In this writ petition filed by Carew and Company (Bangladesh) Limited, a Rule was issued calling upon the respondents to show cause as to why judgment and order dated 16-8-1993 passed in IRO Case No.126 of 1990 (Annexure-C) by respondent No.1 should not b..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....he same to various customers in Bangladesh. The petitioner’s Company was required to sell its aforesaid products after having the necessary excise and regulatory duty determined and approved by the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...Category: Fiscal/Taxation Law | Date: | Hits: 169
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....nnexure-I to the petition has been passed without any lawful authority and is to be of no legal effect. No order is made as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 390.......ocate - For the Respondents. Writ Petition No.760 of 1995. Judgment Syed JR Mudassir Husain J. - This Rule Nishi was issued calling upon the respondents to show cause as to why the impugned order dated 1-4-1995 as contained in Annexure-I to the petition should not be declared to have been ..Category: Employment/Service Law | Date: | Hits: 184
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