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Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......titioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition is rejected in limine. Lawyers Involved: Dr. Kamal Hossain with HR Sharif, Advocates - For the Petitioner. Writ Petit...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..

Category: Employment/Service Law | Date: | Hits: 244

Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)

....gistrate, Jhalakati and another further investigation was directed, whereupon a supplementary charge-sheet dated 8.4.78 was submitted by police against the appellant and several others. When the Martial Law was lifted the case was sent to the Court of Session, Barisal and the learned Sessions J..............Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynal Abedin, Advocate, instructed by Md. A...... - For the Appellant. Md. Moksudor Rahman, Deputy Attorney-General instructed by B. Hossain, Advocate-on-Record - For the Respondent. Criminal Appeal No. 5 of 1983. (From the Judgment and Order dated 21-9-1982 pasted by the High Court Division, Jessore Bench, in Criminal Revision No.87 o..

Category: Criminal Law | Date: | Hits: 82

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......tate and another……………………Respondent Judgment May 4, 1983. Result: The appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-reco......d in exercise of his powers under sub-section (4) of section 10 of the Criminal Law (Amendment) Act read with clause 5 of the West Pakistan Administration (Merger of the Federal Territory of Karachi) Order, 1961. The Karachi High Court heard the argument whether such proceeding could be withdrawn. T..

Category: Criminal Law | Date: | Hits: 81

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... 1962 AIR SC 567; Manindra Chondra Lala Vs. The Mahaluxmi Bank Limited (1944-45) 49 CWN PC 481; Susama Bala Vs. Anath Nath (1976) AIR Cal. 377; Binoditti Debya Vs. Hriday Nath Ghoshal, 12 CWN 424. Lawyers Involved: M. H. Khondkar, Advocate, (Formanullah Khan, Advocate with him), instructed by ......ts. S.R. Pal, Senior Advocate, (S.C. Das, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record - For respondent No.1. Civil Appeal No. 56 of 1982. (From the Judgment and Order dated 25.11.81 passed by the High Court Division in First Appeal No.20 of 1975). Judgment ..

Category: Property Law | Date: | Hits: 80

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by Mr. Md. Aftab Hossain, Advocate-......because the enactment is of a special nature. The learned Single Judge has passed his opinion without giving any reason. It is imperative the all judgments must contain the reasons for the decisions. Order 20 rule 4 C.P.C says that a judgment shall contain, amongst others, "the decision thereon and ..

Category: Property Law | Date: | Hits: 113

MA Sattar Vs. State, 1997, 26 CLC (HCD)

....District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258....... Kazi AT Manowaruddin J MA Sattar………………………Appellant Vs. State……………………Respondent Judgment November 10, 1997. Result: The appeal is allowed. Lawyers Involved: Taimur Alam Khandoker, Advocate - For the Appellant. MA Rouf, Assistant Atto......District Narayangonj be enlarged on the bail on his furnishing bail bond to the satisfaction of the deputy commissioner, Narayangonj. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 258...

Category: Criminal Law | Date: | Hits: 90

Agrani Bank Vs. Sultana Jute Mills Limited and others, 1993, 22 CLC (HCD)

....der suffers from legal infirmity and hence not sustainable. In the result, the Rule is made absolute without any order as to costs, Ed. This case is also Reported in: 47 DLR (HCD) (1995) 37. ......d to- Ruhul Amin Vs. District Judge, 38 DLR (AD) 172; Begum Lutfunnessa Vs. the People's Republic of Bangladesh, 42 DLR (AD) 86; Assessing Officer Vs. Burmah Eastern Limited, BCR 1982 (AD) 438. Lawyers Involved: Mainul Hosein with Md. Joynul Abedin, Advocates ‑ For the Petitioner. Roka...... any lawful authority and is of no legal effect or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a nationalised Bank under President's Order 26 of 1972 and in course of banking business the petitioner sanctioned and disbursed loan to t..

Category: Civil Law | Date: | Hits: 116

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

....ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32....... August 2, 1994. Result: The Rules are made absolute. Cases Referred to- Zaibtun Textile Mills Ltd. Karachi and others Vs. Central Board of Revenue and others, PLD 1971 Karachi 333. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Nihad Kabir, Advocates ‑ For the P......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32...

Category: Fiscal/Taxation Law | Date: | Hits: 199

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

....ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......nents Vs. Britax London Ltd., 1964 RPC 183; Western Engineering Co. Vs. Paul Engineering Co., AIR 1968 Cal. 109; Dwarkadas Hanaji Sha Vs. Chhatatal Revicarandas and Company, AIR 1941 (Bombay) 188. Lawyers Involved: Syed Ishtiaq Ahmed with Syed Refaat Ahmed and Nihad Kabir, Advocates ‑ For th......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...

Category: Intellectual Property Law | Date: | Hits: 192

Reza (Md.) Vs. Executive Engineer, Facilities Department, and others, 1997, 26 CLC (HCD)

....n the result, the Rule is discharged without any order as to costs. The order of stay, granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 434....... March 13, 1997. Result: The Rule is discharged. Cases Referred to- 38 DLR (AD) 70; 40 DLR 496; 44 DLR (AD) 144; 31 DLR (AD) 319; 35 DLR 25; AIR 1933 (Bom) 118; AIR 1920 (Pat.) 567. Lawyers Involved: Ruhul Amin, Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ......ent Syed Amirul Islam J.- This Rule is directed against order dated 30‑11‑96 passed, by the learned District Judge, Noakhali, in Miscellaneous Appeal No.53 of 1996 staying the operation of the Order dated 23‑11‑96 passed by the Senior Assistant Judge, Sadar, Noakhali, in Title Suit No.289..

Category: Civil Law | Date: | Hits: 93

Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)

....il Procedure is not maintainable and accordingly the same is liable to fail. The Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 431. ...... Judgment January 19, 1998. Result: The Rule is discharged. Cases Referred to- Sultana Jute Mills Ltd. and ors Vs. Agrani Bank and others, 14 BLD (AD) (1994) 195; 46 DLR (AD) 174. Lawyers Involved: Sirajul Hoque with Ranjan Chakraborty, Advocates - For the Petitioner. Rafiq...... which was ultimately dismissed on 8-11-89 and thereafter the present suit has been preferred for recovery of Bank’s dues. 4. During pendency of the suit the defendant filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint stating, inter alia, that..

Category: Civil Law | Date: | Hits: 121

Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)

....ee dated 18-9-85 passed by the same Court in SCC Suit No.1 of 1985. The Rule is accordingly discharged without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 429.......�…………Petitioners Vs. Motia Begum and others……………Opposite-Parties Judgment June 29, 1997. Result: The Rule is discharged. Case Referred to- ILR 5 Cal 699. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner. Bakhtear Hossain, Advocate ...... led their evidence. The learned SCC Judge by a judgment and decree dated 18-9-85 dismissed the suit. Against the said judgment and decree the plaintiffs filed Miscellaneous Case No. 54 of 1985 under Order 47 rule 1 of the Code of Civil Procedure and the learned SCC Judge by his judgment and order d..

Category: Procedural Law | Date: | Hits: 82

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290....... Mishra Vs. Orissa High Court, AIR 1974 Ori. 1; Joseph Orakew Izura Vs. The Queen, 5 ILR (PC) 540; Parshuram Detaram Shamdasini Vs. The King Emperor, 1945 A.C. 264; Atiqullah Vs. State, 33 DLR 11. Lawyers Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instruc......t did appear on the extended date. Secondly, the Court itself gave the appellant adjournment for 'two weeks'. How can the appellant be charged again and convicted for the absence of 20 March, 1983? Order of conviction on this Court has come in disregard to the order of this Division extending th..

Category: Criminal Law | Date: | Hits: 116

M/s. Railway Men's Stores Ltd., & another Vs. Chairman, Labour Court, Chittagong & another, 1977, 6 CLC (AD)

....of the Constitution. In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 251. ......espondent Judgment August 31, 1977. Result: The appeal is allowed. Case Referred to- Administrator, Omar Sons Ltd. Vs. Chairman, 1st Labour Court and another, (1976) 28 DLR 178. Lawyers Involved: S R. Pal, Sr. Advocate with A. K. M. Shofiqur Rahman, Advocate, instructed by A....... Backkar, Advocate-on-Record—For the Appellant. S. S. Hoda, Advocate-on-Record-For the Respondent No.4. Ex-parte-Respondents No.1-3. Civil Appeal No.55 of 1977. (From the Judgment and Order dated 28.5.1973 passed by the High Court Division in petition No.90 of 1973) Judgment De..

Category: Labour and Industrial Law | Date: | Hits: 167

Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)

....is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ......an……………………………………Appellant Vs. Tamijur Rahman.....................................Respondent Judgment January 26, 1977 Result: The appeal is dismissed. Lawyers Involved: Khandakher Mahbubuddin Ahmed, Advocate instructed by Abu Backkar, Advocate-on-R......is appeal. It is dismissed with in this appeal. It is dismissed with cost, to be paid by the appellant, to the appearing respondent. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 236. ..

Category: Property Law | Date: | Hits: 73

Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)

....ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284....... Vs. The State……………………………Respondent Judgment April 6, 1983. Result: The appeal is dismissed. Case Referred to- Rumball Vs. Schmidt, (1882) 2 QBD 603. Lawyers Involved: Moinul Hosein and Md. Joynal Abedin, Advocates, Supreme Court, instructed by Md......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...

Category: Criminal Law | Date: | Hits: 95

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......DLR 66; Conforce Ltde. Vs. Titas Gas Transmission and Distribution co. Ltd. 42 DLR (HC) 33; Sejal Rikeen Dalal Vs. Stock Exchange, Bombay, (AIR 1991 Bom 30); Khatri Vs. Bihar, (AIR 1981 S.C. 928). Lawyers Involved: Masood R. Sobhan, Advocate - For the Petitioner. Rafiq-ul-Huq with Belayet H......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......eries and Food, ex-parte Homble Fisheries Ltd (1995 2 ALL ER 714); Rawland Vs. Environment Agency (2005 Ch,1); R Vs. Devon CC ex-parte Baker (1995 1 ALL E R 73); R Vs. Newhan LBC (2002 1 WLR 237). Lawyers Involved: Bashir Ahmed,Advocate - For the Petitioner. A.B.M. Altaf Hossain, Deputy Att......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ..

Category: Civil Law | Date: | Hits: 218

Oli Ahmed Vs. State, 2012, 41 CLC (HCD)

....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... J Md. Ruhul Quddus J Oli Ahmed ... .................Appellant Vs. The State ................... Opposite Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morsh......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 95

Mohibul Alam Vs. State, 2012, 41 CLC (HCD)

....ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......Md. Ruhul Quddus J Mohibul Alam ..................... Appellant Vs. The State ......................... Respondent Judgment May 13, 2012. Result: The jail appeal is dismissed. Lawyers Involved: No one appears - for the appellant. Khizir Hayat, Deputy Attorney General wi......ions Judge, Court No. 3, Kushtia in Session Case No.86 of 2007 is maintained. Send down the lower Court’s records. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 81

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