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One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....xchange Ordinance, 1969 as amended and Regulations 5(2)(IV) and 14 of the Listing Regulations of the Dhaka Stock Exchange Limited (in short, DSE) shall not be declared to have been enacted and made unlawfully and are of no legal effect (ii) why the transfer of 31,000 shares of the petitioner company...... Court Division (Special Original jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J One Bank Ltd.......................Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment May 28, 2009. Result: The Rule is discha......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)
....ailants, we have to see whether the victim was actually in a position to recognize the assailants and disclose their names after the occurrence. It is well‑settled that there is no absolute rule of law or even a rule of prudence which has ripened into a rule of law, that a dying declaration unless......ferred to- Abbas Ali Shah Vs. Emperor, AIR 1933 Lah. 667; 24 DLR 18; 25 DLR 41; AIR 1952 (Sc) 54; AIR 1971 (SC) 1064 & 19 DLR 573; (9‑14) PLD 1970 (SC) 13 & PLD 1958 (SC)203; Tawaib Khan and another Vs. The State, PLD 1970 (SC); Khushal Rao Vs. State of Bombay; Bharvad Bhikha Valu and o......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)
....gachchi came to learn that accused Dr. Md. Nurul Islam along with 14 others named in the F.I.R. and 15/20 unknown persons being armed with guns and deadly weapons like Farsha, Teta, rod, lathi etc. unlawfully trespassed into the said Dighi and started planting banana plants on the western side of th......ent: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … .......................Petitioner Vs. Dr. Md. Nurul Islam…….Condemned prisoner (In Death Reference No. 104 of 2005 and Jail Appeal No. 791 of 2005) Dr. Md. Nurul Islam and others....convict - appellants. Vs. ...... 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)
....e was held in this case. Mr. Khasru, lastly, submits that in the circumstances the impugned order of conviction and sentence, so far as it relates to the above named appellants, is not sustainable in law and their Appeals are liable to be allowed. 12. Mr. Md. Khairul Alam, the learned Advocate ap......risdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J The State … …………………………………………………Petitioner Vs. Md. Saiful Huq @ A. Saiful and 6 others …..Condemned prisoners (In Death Reference No. 134 of 2005) Enayet alias Ena and K......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)
.... the records that this suit was decreed on contest. On appeal the judgment of the trial Court was reversed and the case was sent back on remand to the trial Court for a fresh trial in accordance with law and in the light of the observations made in the body of the judgment. After the suit was sent b......998) 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)
....nocent having no involvement with the alleged offence as alleged in the First Information Report. 4. It is the further case of the petitioner that informant influenced the local administration and law enforcing agencies as well as the police to harass and humiliate the petitioner. So he has been ......ikh lodged a First Information Report on 27-2-98 with Kalia Police Station alleging that on 26-2-98 his cousin Delwar Hossain was assaulted by the accused persons resulting in serious injuries to him and informant got him admitted in Noapara Hospital and was trying to obtain medical certificate. At ......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)
....g the respective submission it is necessary to quote the provisions of sub-section (3) of section 491 of the Code which is as follows: “Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention”. There is no dispute that dete......Supreme Court High Court Division (Criminal Miscellaneous Jurisdiction) Present: Kazi Ebadul Hoque J Md. Abdul Quddus J Pranajit Barua…………………Petitioner Vs. State and another……………………Respondents Judgment June 25, 1998. Result: The Rule ......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)
....gment in those cases opining that the said complaint cases are liable to be quashed on the grounds (1) that Mr. MA Rahsid Khan, Executive Director was not legally authorized and the provisions of the law were not complied with (2) that there was no application of mind by the CMM in taking cognizance......Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advocates in support of the References. Dr. M Zahir, Dr. AKM Ali and Khaled H Chowdhury with Firoz Shah, Advocates, Opposing the References. KS Nabi, Attorney-Gen...... 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)
.... application. Further, it was held that the defendant cannot take advantage of section 161 of the Contract Act in view of the fact 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 ...... FKMA Munim CJ Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Syed Md. Mohsen Ali J Chittagong Port Authority…………………Appellant Vs. Md. Ishaque and others…………………Respondents Judgment February 13, 1983. Result: The appe......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)
.... No.431 of 1968. A Division Bench of the High Court Division came to the conclusion that the suit was rightly decreed inasmuch as the enquiry by the Screening Committee was not in accordance with law and therefore: "Its finding and recommendations are bad in law and any order of the Authori......ocate-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 ......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)
....rred to defendant No.4 was intimated to him on 28.3.72 and the notice of termination of the tenancy is dated 15.9.72. Ultimately the Pourashava at the instance of the defendant had to requisition the law enforcing agencies and the plaintiff was evicted from his premises though according to him ''f......vocate with him) instructed by B. Hossain, Advocate-on-Record - For the appellant. Miah A. Gafur, Advocate-on-record - For the respondent No.1. Civil Appeal No.57 of 1982. (From the judgment and decree dated 11.12.81 passed by the High Court Division in F.A. No. 64 of 1979.) Judgment ......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
....tion of land was made without giving notice to the co sharers, and as such the purported amalgamation was null and void and such order need not be avoided by a separate proceeding, as in the eye of law it was no order. He also took the view that since the petitioner had been paying rent at old rat......
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Chowdhury ATM Masud J
Md. Khairullah Bhuiyan………………Appellant
Vs.
Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others………………Respondents
Judgment
May 5, 1982.
Result:
The appeal is all......, 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)
....r such allegations are false or otherwise, which can only be done in the trial after taking evidence. He further submits that a member of the Parliament of our country is a public servant, as besides law making he is involved with the various development works of his constituency. He uses to receive......te party-State to show cause as to why the proceedings of Special Case No.15 of 2007 arising out of Hazaribag Police Station Case No.19 dated 26-3-2007 under section 409/406/420/109 of the Penal Code and section 5(2) of the Prevention of Corruption Act, 1947, pending in the 1st Court of Special Judg......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)
.... 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 the Labour Act. Thus as per the above law the prime requirements first is that, there must be an order of the Labour Court and a person is......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)
....is Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case are very respectable citizens and eminent lawyers of Bangladesh and they are all members of Supreme Court Bar Association. The petitioner Nos.......) (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..Category: Criminal Law | Date: | Hits: 132
Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)
.... 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 be declared to have been made without any lawful authority and is of no legal effect. 2. Facts giving rise to this writ petition are, inter...... 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..Category: Labour and Industrial Law | Date: | Hits: 281
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....93 issued by the Second Secretary National Board of Revenue (Annexure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that...... High Court Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Sayed J R Mudassir Husain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made......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)
....shi 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 passed without any lawful authority and to be of no legal effect or such other or further order or orders passed as to ......pecial 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 21, 1998. Result: The Rule is m......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
....resaid 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, illegal and without lawful authority.
3. For the sake of convenience we like to take up the first point regarding the......
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, ..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....resentation for redress finally to the Hon’ble Defence Minister on 25-2-97 with copy to the Hon’ble President with no result. And he lastly, served Demand of Justice notice on 31-7-97 through his lawyer, Sharif and Nabi, calling upon the respondent No.1, the Government of the People’s Republic......tion) 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 23, 1997. Result: The petition...... 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..Category: Employment/Service Law | Date: | Hits: 244
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