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Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....Bakar Siddiquee J Dr. Kamal Hossain and others.......................Accused Petitioners Vs. State......................Opposite Party Judgment May 25, 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs.......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......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......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
.... is also Reported in: 50 DLR (HCD) (1998) 396. ......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ......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......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..Category: Labour and Industrial Law | Date: | Hits: 281
MA Bari Vs. Chairman, Bangladesh Water Development Board (BWDB) and others, 1998, 27 CLC (HCD)
....me Court High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J MA Bari……………………Petitioner Vs. Chairman, Bangladesh Water Development Board (BWDB) and others………………Respondent Judgment January ......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 ......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...Category: Employment/Service Law | Date: | Hits: 184
....n
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MM Ruhul Amin J
Karamat Ali and others…………………Petitioners.
Vs.
Government of People’s Republic of Bangladesh and others…………………Respondents
Judgment
December 9, 1997.
Result:
The ....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......d as being inconsistent with Articles 27 and 42 of the Constitution of the People’s Republic of Bangladesh. In the aforesaid 5 writ petitions, except Writ Petition No.1472 of 1996, the judgment and order passed by the First Court of Settlement have been passed without jurisdiction and hence void, ....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....ision (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 2...... 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. ...... behalf of the Government of the People’s Republic of Bangladesh at the time of hearing of this petition seriously contends that the petitioner is a member of the disciplined force and the impugned orders relate to the terms and conditions of service of the Defence personnel and, as such, this pet...... 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)
....e impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......ted 21-9-1982 pasted by the High Court Division, Jessore Bench, in Criminal Revision No.87 of 1981). Judgment Chowdhury ATM Masud J.- This appeal by special leave arises out of the judgment and order 21.9.82 passed by a Division Bench of the High Court Division, Jessore Bench, in Criminal Revi......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....ending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......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.......For the Appellant. B. Hossain, Advocate-on-record - For the respondent No.1. Ozair Farooq, Advocate-on-record - For respondent No.2. Criminal Appeal No.22 of 1982. (From the judgment and order dated 27 August, 1982 passed by the High Court Division in Criminal Revision No.444 of 1980). ......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...Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
....The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... 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. ......ion against the propounder for making an application for Letters of Administration. In our opinion there is no scope for speculation in search of suspicion." 9. Being aggrieved by the judgment and order of the High Court Division the defendant-appellant moved this Court and obtained leave to co...... 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. ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
....rt Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... 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.......ocate-on-record -For the Appellant. Rafiqur Rahman, Sr. Advocate, instructed by Serajur Rahman, Advocate-on-record - For the respondents. Civil Appeal No.120 of 1982. (From the judgment and order dated 11.1.1982 passed by the High Court Division in Civil Revision No.1479 of 1979). Judgm...... 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...Category: Property Law | Date: | Hits: 113
MA Sattar Vs. State, 1997, 26 CLC (HCD)
....ame occurrence but that the accused‑petitioner has not been granted bail in this case. The learned Advocate further submits that out of the 9 accused persons in this case 8 accused persons have already been granted bail and accused‑petitioner standing on the same footing is entitled to get bail.......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.......rney‑General ‑ For the State. Criminal Appeal No. 903 of 1997 Judgment Sirajul Islam J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 28‑4‑97 passed by the Special Tribunal Judge, Court No.1 Narayangonj in Special Trib......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)
.... 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. ......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. ...... of 1992. Judgment Habibur Rahman Khan J. - At the instance of the petitioner Agrani Bank, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned judgment and order dated 19.2.92 passed by the Subordinate Judge and First Artha Rin Adalat, Chittagong in Mortga......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. ..Category: Civil Law | Date: | Hits: 116
Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)
....n) Present: Qazi Shafiuddin J Kazi AT Manowaruddin J Eastern Beverage Industries Ltd………………………………………….Petitioner (In Writ Petition No. 728 of 1990) Bangladesh Beverage Industries Ltd. and another.............Petitioner (In Writ Petition No. 803 of 1990)......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....... improvement in technical, managerial, labour and financial factors of individual mills." So the Government constituted a high powered committee giving the outlines for making the guide‑lines in order to levy and collect the excise duty on the factories. The Committee submitted its report and s......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)
.... (1920) 37 RPC 233; Infield Ltd Vs. Rosen, (1939) 36 RPC 163; Stratford Auto Components 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: ......ing several suits both under the Trade Marks Act and Patents and Designs Act, with applications for the issuance of an injunction against the respondent, and having failed to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancellation of the re......er started filing several suits both under the Trade Marks Act and Patents and Designs Act, with applications for the issuance of an injunction against the respondent, and having failed to obtain any order of ad‑interim injunction in the Courts below has now filed this application for the cancella......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)
.... 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 of 1996 issuing an Order of status quo restraining the construc......of the Code gives an appellate Court the power to order stay of proceedings under any decree or order from which an appeal has been filed. When an appeal against the order of the trial Court granting interim injunction is preferred the appellate Court has power under Order 41 rule 5(1), to direct th......Advocate ‑ For the Petitioner. Mihir Kanti Majumder, Advocate ‑ For the Opposite Parties. Civil Revision No. 3960 of 1996. Judgment 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......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...Category: Civil Law | Date: | Hits: 93
Belayet Hossain Vs. Bank Indosuez, 1998, 27 CLC (HCD)
....iled an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint stating, inter alia, that the plaintiff has no cause of action for the suit and as per statements made in the plaint the plaintiff’s suit was hopelessly barred by limitation. 5. The learned tria......deposit 50% of the decretal dues in the trial Court. It further appears that the provision of section 7 of the Artha Rin Adalat creates a specific bar in the matter of filling an appeal against an ad-interim order passed by the Artha Rin Adalat. By the subsequent amendment of the Artha Rin Adalat Ai...... Begum, Advocates - For the Opposite Party. Civil Revision No.117 of 1995. Judgment MM Ruhul Amin J. This Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4-9-94 passed by the Artha Rin Adalat No.3 and Subordinate Judge, Dhaka in Money Suit No......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. ..Category: Civil Law | Date: | Hits: 121
Gajendra Nath Mondal and others Vs. Motia Begum and others, 1997, 26 CLC (HCD)
....hen Court of Munsif, 2nd Court and the SCC Judge at Serajganj against the defendant-petitioner for ejectment of the defendant-petitioner from the suit premises alleging that the defendant-petitioner had been in possession of the suit premises as monthly tenant under Satish Chandra and others from wh......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.......il Revision No. 4118 of 1991. Judgment Syed Amirul Islam J.- This Rule arises out of an application filed under section 25 of the Small Cause Courts Act and is directed against the judgment and order dated 22-6-86 passed by the then Munsif and SCC Judge of Serajganj in Miscellaneous Case No.54......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...Category: Procedural Law | Date: | Hits: 82
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290.......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.......Involved: In person - the Appellant. Moksudur Rahman, Deputy Attorney-General, instructed by B. Hossain, Advocate on Record - For the Respondent. Criminal Appeal No. 23 of 1983 (From the order of the High Court Division, Jessore Bench, dated 13.4.83 passed in Criminal Revision No.25 of ......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...Category: Criminal Law | Date: | Hits: 116
....in petition No.90 of 1973)
Judgment
Debesh Chandra Bhattacharya J.- This appeal by special leave is against an order of a Bench of the High Court Division, rejecting summarily an application made by the appellant under Article 102 (2) of the Constitution, refusing to interfere with an orde......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. ......
(From the Judgment and Order dated 28.5.1973 passed by the High Court Division in petition No.90 of 1973)
Judgment
Debesh Chandra Bhattacharya J.- This appeal by special leave is against an order of a Bench of the High Court Division, rejecting summarily an application made by the appell......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. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Md. Altafur Rahman Vs. Tamijur Rahman, 1977, 6 CLC (AD)
....dant is the appellant. 2. Facts are that the plaintiff-respondents brought a suit to set aside a kabala standing in favour of appellant Md. Altafur Rahman, executed by Ashrafjan, a purdahnasheen lady. The plaint case is that the suit land belonged to Atar Ali and his brother. On Atar Ali's death......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. ......gh Court. 8. On the exercise of the power of remand, we get clear indication from a reading of S.103 of the Code which has clothed the High Court with the power to determine also issues of fact in order to avoid remand of cases as far as possible. In this view of the matter, we cannot entertain......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)
.... By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284.......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.......Record - For the Appellant. B. Hossain, Assistant Attorney-General, instructed by A.W. Mallik, Advocate on Record - For the Respondent. Criminal Appeal No.19 of 1982. From the judgment and order dated 21-8-1982 passed by the High Court Division in Criminal Revision No.66 of 1980. Judgm......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
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