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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. ...... under the signature of the said Abul Bashar as General Secretary on behalf of the workers of Appellant No.1 for bi-lateral nego­tiation and settlement under section 26 of the Ordinance. Appellant's case is that while the Company was actively considering the said char­ter of demands, it received c..

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. ......llant. 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 his interest wa..

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.......er-draft by the petitioner from the Janata Bank, Karikhara Branch, Sharupkati, District Barisal. 3. In view of our proposed order it will not be adviseable to comment on the factual aspects of the case. It would be sufficient to note the broad facts which are: The petitioner is a businessman and ..

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:...... the middle of the 17th Century, these Writs firmly received Prerogative characteristic, though it was not until 1759 that they were classified a group by Mansfied (R Vs. Lowle 1759, 2Bnrn 834, which case seems to be the first one where reference to a “Certiorari” as a “Prerogative Writ”, us..

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: ......49); Re Liverpool Taxi Owners Association (1972 2 ALL E R 589); Attorney General of Hongkong Vs. Ng Yuen Shin (1983 2 AC 629); Council of Civil Service Unions Vs. Minister far the Civil Service, GCHQ case (1985 AC 374); R Vs. Secretary of State for Home Department, ex parte Zegiri (2002 U K H L 3); ..

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: ......hat while he had committed the theft was accompanied by the appellant and another named Kalu. 3. The ejahar gave rise to Chokoria Police Station Case No.12 dated 10.1.1993. Police investigated the case and submitted charge sheet on 30.4.1993 under sections 457, 382 and 411 of the Code against the..

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: ......ce after investigation submitted a charge sheet on 20.12.2006 against the appellant under clause 1(Ka) of section 19(1) of the Madak Drobyo Niyontron Ain, 1990 (hereinafter called the Ain). 4. The case having been ready for trial was sent to the Sessions Judge, Kushtia and was registered as Sessi..

Category: Criminal Law | Date: | Hits: 81

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......e police, after investigation, submitted charge sheet on 22.1.2006 under sections 4(b) and 6 of the Explosive Substance Act against four persons adding the appellant as an accused therein. 4. The case after being ready for trial was sent to the Special Tribunal No.1, Rajshahi and was numbered as..

Category: Criminal Law | Date: | Hits: 119

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......gladesh Vs. Ali, 49 DLR (AD) 161; Asma Begum Vs. Bangladesh, 21 BLD (AD) 134; Bangladesh Vs. Rowshan Ara, 57 DLR (AD) 167; Sarwari Begum Vs. Bangladesh, 45 DLR 571 (at para 16); Messrs ATJ Industries case, 28 DLR 27; 28 DLR (AD) 120; Ayesha Khatun's Case, 50 DLR 639; Bangladesh Vs. Syed Chand Sultan..

Category: Property Law | Date: | Hits: 127

SM Kamaluddin Vs. Commissioner of Taxes, 2007, 36 CLC (HCD)

.... questions in the negative and against the revenue department and in favour of the assessee. The par­ties shall bear their own cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 191. ......e aforesaid facts and circumstances, following questions of law have been referred for determination by this Division: Question of law (a) Whether on the facts and in the circum­stances of the case without finding any a fault with amount of investment shown by the assessee ad duly supported b..

Category: Fiscal/Taxation Law | Date: | Hits: 151

Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)

....nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immedi­ately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......ed by in Title Suit No.111 of 1989 decreeing the plaintiff suit should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. The plaint case, in short, is that the plaintiff instituted title suit No.111 of 1989 in the Court of Assistant..

Category: Property Law | Date: | Hits: 123

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....ule, 2007 and, as such, the entire proceeding of the case and the order of taking of cognizance are viti­ated. 19. The issue of sanction is an important requirement of law and it goes to the very root of the case and want of valid sanction preclude the learned Special Judge from taking cognizanc......9-2007 under section 161/163/164/165/165A/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947 and Rules 15/19ঞ of the Emergency Power Rules, 2007 was started. The case proceeded by Anti-Corruption Commission. Mr. Mohammad Morshed Alam, Deputy Director, Anti-Corru..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....erve the notice at the cost of office. We felt that the prayer is a cogent one and hence, resolved to accede to the same. Jahangir Hossain J. - I agree. Ed. This Case is also Reported in: ......t lawful authority and why direction should not be given upon the respondents to implement the provisions of section 12(c) of Antiquities Act, 1968 and article 24 of the Constitution of Bangladesh in case of construction work near Mohansthangor ancient monument and /or pass such other or further ord..

Category: Property Law | Date: | Hits: 159

Nurul Amin Bhuiyan Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....he above observation the Rule is discharged and the order of status quo passed at the time of issuing the Rule is vacated. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ......ndard Bank Ltd., a private bank operating under the Bank Companies Act, to allow him to keep possession of his property on payment of the highest amount as quoted in the auction. 2. Petitioner’s case, in short, is that he is the lawful owner-in-possession of Plot No.80, Chandgaon Residential Ar..

Category: Civil Law | Date: | Hits: 129

M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)

....eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ...... Attorney‑General for the respondent No.1 and Mr. M Amirul Islam for respondent No.6 passed an order on 21‑7‑2003 stating that since their Lordships could not agree with the order passed in the case of Syed Muhammad Mashiur Rahman (WP No. 1729 of 1996), reported in 1997 BLD 55, on the validity..

Category: Constitutional Law | Date: | Hits: 215

Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)

....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... money. Therefore, the respondent bank was fully authorised to sell the property without the intervention of the court by serving notice upon the mortgagor under that provision of law. In the instant case notice has been issued under the special legislation that is Artha Rin Adalat Ain, 2003 (Act VI..

Category: Civil Law | Date: | Hits: 129

State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)

.... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......he expectation that if thorough investigation is conducted it would reveal the story of international smugglers/traffickers of heroin. 6. Informant SM Nazimuddin undertook the investigation of the case and on completion of the investigation submitted charge‑sheet in the case on 19‑8‑1990 ag..

Category: Criminal Law | Date: | Hits: 164

Shahidullah Patwary Vs. State, 1983, 12 CLC (AD)

....ismissed. The opinion expres­sed above will not, however, influence the decision of the trial Court in the case against the appellant. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 281. ......abnddin Ahmed J.- The question in­volved in this appeal is whether a person who executed a bond for production of a property before Court is liable to prosecution for criminal breach of trust in the case of his failure to produce the property when called for, in addition to or independent of the fo..

Category: Criminal Law | Date: | Hits: 111

Abdul Gafur Sarder and another Vs. State and ano­ther, 1982, 11 CLC (AD)

....ppellants' prayer for bail. For the aforesaid reason the appeal is allowed, ad interim bail granted to appellants are confirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 279. ...... Case No.448 of 1981 arising out of Khetlal P.S. Case No. 5(5) of 1980 G.R. Case No.155 of 1980 under sections 302/380 of the Penal Code, pending in the Court of Sessions Judge Bogra. The prosecution case in short is that while the complainant's brother, his bhabi and nephews were sleeping in the fi..

Category: Criminal Law | Date: | Hits: 97

Bakshu Mia Vs. Govt.of Bangla­desh and others, 1977, 6 CLC (AD)

....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ...... High Court of Bangladesh in Writ Petition No.10 of 1977.) Judgment Kemaluddin Hossain J. - The question of applicability of section 494 of the Code of Criminal Procedure and its application to cases under Special Powers Act, is the consideration of this appeal. 2. The facts leading to the ..

Category: Criminal Law | Date: | Hits: 99