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Abeda Chowdhury Vs. State and another, 2009, 38 CLC (HCD)

....t of CR Case No.1995 of 2005 of the Chief Metropolitan Magistrate, Dhaka under section 138 of the Negotiable Instruments Act, 1881 which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of ......dvocate for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......for the petitioner is per­mitted to take back the certified copies of the annexure by replacing the photocopies of the same. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 118. ......the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the complainant opposite party No.2, Bangladesh Shilpa Bank as complainant, filed a complaint petitioner before the Court of Chief Metrop..

Category: Criminal Law | Date: | Hits: 113

Rowshena Jahan Vs. State and another, 2010, 39 CLC (HCD)

....) and 27(1) of the Anti Corruption Commission Act, 2004, Rule 15 of Emergency Power Rules, 2007 and also under sec­tion 109 of the Penal Code, now pending in the Court of Metropolitan Senior Special Judge, Dhaka, should not be quashed or any other order passed as this Court may deem fit and proper......ned Court shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......t shall proceed with the case in accordance with law. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 90. ......ranted ad-interim bail. 3. The relevant facts for disposal of the Rules are that the petitioner Mrs. Rowshena Jahan accused No.2 is the wife of accused No.1 Md. Obaidullah, Ex-Managing Director of Bangladesh Teletalk Ltd. in the response to the notice of Anti-Corruption Corruption Commission, the..

Category: Criminal Law | Date: | Hits: 100

Buxly Paints (Bang­ladesh) Ltd. Vs. Bangladesh, 1977, 6 CLC (AD)

....t Pakistan), subsequently (Bangladesh) Limited and as such the right of the Government to take over pos­session of the said industrial unit could no be questioned. It was further held by the learned Judges as to the petitioner's contention that agreement with the Pakistani Company could be used a s...... order of the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......f the High Court Division are set aside and it is declared that the Notification dated 19-2-12 is without any lawful authority. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 266.......n (Civil) Present: AB Mahmud Hussain CJ Kemaluddin Hus­sain J Debesh Chandra Bhattacharya J Fazle Munim J Buxly Paints (Bang­ladesh) Ltd……………...Appellant Vs. Bangladesh…………………Respondent Judgment August 19, 1977. Result: The appeal ..

Category: Property Law | Date: | Hits: 79

Sukhamoya Dutta Gupta Vs. Abdul Gafur and others, 1979, 8 CLC (AD)

..... The trial ended in their conviction under Section 448 of the Bangladesh Penal Cede. The order of conviction and sentence was upheld on appeal. In Criminal Revision No.430 of 1975 the learned Single Judge of the High Court set aside the conviction and sentence passed against the respondents, on the...... Accordingly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262.......ngly the appeal is allowed. The order of the High Court un­der appeal is set aside and those of the Courts below are restored. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 262....... in holding that the accused had bona fide claim of right; and their entry into the disputed property in assertion of that right constituted criminal trespass within the meaning of section 441 of the Bangladesh Penal Code. 3. Facts relevant for disposal of this appeal are: The appellant lodge..

Category: Criminal Law | Date: | Hits: 94

Syed Abdul Ali Vs. Secretary, Ministry of Cabinet Affairs, Establishment Division & others, 1979, 8 CLC (AD)

....the dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......he dismissal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......ssal order has been passed without any lawful authority and is of no legal effect. However, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 256.......the learned Counsel appearing for the appellant convassed that at the relevant time the appellant retired from the service on 31.1.73 on completion of 55 years of age in terms of the P.O. 14 of 1972 (Bangladesh Public Servants Retirement Orders, 1972 ) and he had not been re-employed. The order of t..

Category: Employment/Service Law | Date: | Hits: 107

Nasiruddin Sarkar Vs. Member, Appellate Tribunal & others, 1979, 8 CLC (HCD)

....o.112581 a different pistol bearing No.1124681 was sent to the Arms Expert. In view of the palpable defect in the prosecution case the order of conviction and sentence was wholly illegal. The learned Judges of the High Court Division on examination of the record arrived at the finding that the alleg......ment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310....... order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310.......gment and order of the High Court Division are set aside. The order of conviction and sentence passed against the appellant are quashed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 310...

Category: Criminal Law | Date: | Hits: 91

Bangladesh Biman Corpo­ration Vs. Chowdhury Mohammad Yusuf and another, 1979, 8 CLC (AD)

....ority. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......rity. Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ...... Since we have found that termination orders were passed without lawful authority, both the appeals are dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ......th costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 305. ..

Category: Employment/Service Law | Date: | Hits: 123

New India Tea Company Ltd. Vs. Bangladesh and others, 1977, 6 CLC (AD)

..... The rule came up for final hearing before a Division Bench of the High Court which dis­charged the rule on May 25, 1977, 6. Mr. S.R. Pal, Counsel for the appell­ant, submitted that the learned Judges of this High Court were wrong in deciding the dis­puted question of facts relating to title ......l is accordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303.......ordingly allowed in part, the order of the High Court set aside, and the Writ Petition dismissed. We make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 303....... Court Appellate Division (Civil) Present: Mahmud Hussain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J New India Tea Company Ltd…………………Appellant Vs. Bangladesh and others……………………Respondent Judgment August 17, 1977. Result: ..

Category: Property Law | Date: | Hits: 87

Md. Hemayet Hossain and others Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others, 2010, 39 CLC (HCD)

....ules which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......les which are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......h are accordingly, discharged, without, however, any order as to cost. Let a copy of this judgment be communicated at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 85. ......titioners Vs. Chairman, Rajdhani Unnayan Kartripakha (RAJUK) and others............Respondents Judgment September 8, 2010. Result: The rules are discharge. Cases Referred to- Bangladesh Sangbadpatra Parishad (BSP) Vs. Bangladesh, 43 DLR (AD) 126; Bangladesh Vs. Nawab Abdul M..

Category: Property Law | Date: | Hits: 106

Md. Jalal Hossain Mollah Vs. Md. Azizur Rahman and others, 2012, 41 CLC (AD)

.... the High Court Division in Civil Revision No.3043 of 2005 making the rule absolute. 2. The present petitioner, as plaintiff, insti­tuted Title Suit No.35 of 2002 in the court of Senior Assistant Judge, Naogaon seek­ing for a declaration that the judgment and decree dated 28.06.1990 passed in O......- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ......be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ....../- is to be deposit­ed within 1 (one) month. The petitioner is permitted to prepare the paper book out of Court in accordant with Rules. Ed. This Case is also Reported in: 9 ADC (2012) 430. ..

Category: Procedural Law | Date: | Hits: 81

M. A. Razzaque Vs. Syed Maynul Haq and others, 2012, 41 CLC (AD)

....of 2009. 2. The above mentioned civil revision was preferred by this present petitioner against the order No.188 dated 27.02.2006 passed in Title Suit No.218 of 2003 of the Court of Joint District Judge, Additional Court, Dhaka rejecting an application under Order 17 Rule 1(4) of the Code of Civi......ers of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......he High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ......ders of the High Court Division as well as of the trial court. In the circumstances this Civil Petition for leave to appeal be dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 428. ..

Category: Procedural Law | Date: | Hits: 75

Government of the People's Republic of Bangladesh Vs. Md. Khorshed Ali Talukder, 2012, 41 CLC (AD)

....and thereafter, the authority after taking approval of the President issued the impugned dismissal order. That in the cir­cumstance the petitioner's case is liable to be dismissed. 4. The learned Judge of the Administrative Tribunal, on consideration of the evidence adduced by both the contestin......he departmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ......tmental proceeding against this peti­tioner afresh by appointing the enquiry officer/Board of Enquiry in accordance with the rules. Ed. This Case is also Reported in: 9 ADC (2012) 407. ...... CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Shamsul Huda J Government of the People's Republic of Bangladesh pre­sented by the Secretary, Ministry of Agriculture and others...........................

Category: Administrative Law | Date: | Hits: 263

Sabu Tara Begum and others Vs. Manik Miah and others, 2012, 41 CLC (AD)

....dispos­al of this civil petition for leave to appeal, in short, are as follows:- 3. The opposite party Nos.1 and 2, as pre-emptors, filed Miscellaneous Case No.2 of 1998 in the court of Assistant Judge, Jagannathpur, Sunamganj impleading this present petitioner and others as opposite parties see......rt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......ion, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ......urt Division, therefore, calls for no interference by this Division. In the result, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 403. ..

Category: Property Law | Date: | Hits: 98

Md. Hasanul Islam Hanif @ Galcuta Hanif Vs. State, 2011, 40 CLC (HCD)

....se, the police submitted charge sheet against the petitioner under sections 19(A) and 19(f) of the Arms Act on 23.9.2004. After submission of the charge sheet, the case was transferred to the learned Judge, Metropolitan Special Tribunal No.7, Dhaka who framed charge against the petitioner under sect......th any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......ther case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196.......ith any other case. Let the lower Court's record with a copy of this Judgment and order be sent down to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 196...

Category: Criminal Law | Date: | Hits: 92

Kartick Chandra Mandal & others Vs. State, 2010, 39 CLC (HCD)

....the state. M.A. Muntakim, Advocate - For the opposite party No.2. Criminal Miscellaneous No. 8381 of 2008. (Arising out of Judgment and order dated 22.4.2008 passed by the Additional Session Judge 4th Court, Khulna in Criminal Revision No.235 of 2007 arising out of G.R case No.144 of 2007.)...... bail in terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ...... terms of their respective bail granting order. The Adalat is directed to proceed as per law. Communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 190. ......tober 6, 2010. Result: The rule is discharged. Cases Referred to- Kohinoor Chemical Co. Ltd Vs. Easter Shippers and Traders, 41 DLR 387; Mostofa Kamal alias Lotus Kamal Vs. Government of Bangladesh, 14 MLR (AD) (2009) 5=61 DLR (AD) (2009) 10; Kahar Singh Vs. The State of Horyana, 1972 (..

Category: Criminal Law | Date: | Hits: 143

Mofazzal Hossain Chowdhury Maya Vs. The State, 2010, 39 CLC (HCD)

....shid Alam Khan, Advocate - For opposite party No.2. Criminal Appeal No. 3536 of 2009. (Arising out of Judgment and order of conviction and sentence dated 14.2.2008 passed by the learned Special Judge Court No.5 Dhaka in the Special Case No.15 of 2007 arising out of Special Case No.144 of 2007 ......er passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......d for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156.......der passed for confiscation of the property of the appellant is also set aside. Let the appellant be discharged from his bail bond. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 156...

Category: Criminal Law | Date: | Hits: 133

A.K. Azad Vs. Fakruddin and another, 2009, 38 CLC (HCD)

....hmed, Advocate, Mohammad Ullah, Advocate Ms. Salma Begum, Advocate - For the Opposite parties. Civil Revision No. 515 of 2009. (From the Judgment and order dated 2.6.2008 passed by the District Judge, Dhaka in Civil Revision No.4 of 2008.) Judgment Md. Delwar Hossain J.- This Rule was is......is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135.......arged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135....... is discharged without any order as to costs. The order of injunction granted at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 135...

Category: Property Law | Date: | Hits: 85

Most. Sufia Chowdhury Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....h, Assistant Attorney General - For the opposite parties. Civil Revision No.17 of 1994. (Arising out of the Judgment and decree dated 21.7.1998 and 28.7.1998 respectively passed by the District Judge, Gazipur in Title Appeal No.63 of 1987.) Judgment Abu Bakar Siddiquee J.- This Rule was ......tle Suit No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ...... No.48 of 1986 are hereby affirmed. Let a copy of this Judgment along with L.C.R. be sent to the concerned Court at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 130. ......CD) (2011) 130. ..

Category: Property Law | Date: | Hits: 82

Raju Bala Kuri and others Vs. Narayan Chandra Kuri, 2009, 38 CLC (HCD)

....r the petitioners. Abul Kalam Chowdhury, Advocate - For the opposite party. Civil Revision No. 6066 of 2002. (From the Judgment and order dated 30.4.2002 passed by the learned Joint District Judge and Artha Rin Adalat, Noakhali in Title Appeal No.143 of 1997.) Judgment Faruque Ahmed J......sts and the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......the order of stay granted at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 126. ......ave it on demand. During the war of liberation, Onnada Sunduri went to India with plaintiff No.2 and 4 and died there in refugee Camp. Santa Kumar Kuri was also in India at that time and his house in Bangladesh was also looted away. After the war of liberation Santa Kumar Kuri was again permitted by..

Category: Civil Law | Date: | Hits: 103

Mohiuddin Ahmmed and others Vs. State, 2011, 40 CLC (HCD)

....pondent. Criminal Appeal No. 3247 of 2008. Judgment Md. Ruhul Quddus J. - This appeal under section 30 of the Special Powers Act, 1974 is directed against order dated 15.4.2008 passed by the Judge, Special Tribunal No.1, Noakhali in Special Tribunal Case No.14 of 2008 arising out of Hatia P...... appeal is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......is vacated. The Tribunal is directed to dispose of the case as early as possible. Communicate a copy of the judgment. Borhanuddin J. - I agree. Ed. This Case is also Reported in: ......and lodged the ejahar against them causing endless harassment and humiliations. In support of his contention, Mr. Roy referred to some defense materials including a circular dated 13.7.2006 issued by Bangladesh Chemist and Druggists Association. As a second line of his argument, he submits that the ..

Category: Criminal Law | Date: | Hits: 99