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Bangladesh Shangbadpatra Parishad Vs. The Government of the People's Republic of Bangladesh, 1991, 20 CLC (HCD)

.... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ...... Badruzzaman J Bangladesh Shangbadpatra Parishad...........................Petitioner Vs. The Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Information, Bangladesh Secretariat, Dhaka and others...........................Respondents. Judg...... Certificate as prayed for by the learned Advocate appearing for the petitioner, under Article 103(2)(a) of the Constitution, is refused. Ed. This Case is also Reported in: 43 DLR (1991) 424. ...... of Food and others, (Writ Petition No. 295 of 1989); Charanjit lal Chowdhury Vs. The Union of India and others, AIR 1951 (SC) 41; Kazi Mukhlesur Rahman Vs. Bangladesh and another, 26 DLR (SC) 44. Lawyers Involved: Khandker Mahbubuddin Ahmed with M Joynul Abedin, Advocates ‑For the Petitione..

Category: Constitutional Law | Date: | Hits: 246

Jamir Sheikh(Md.) Vs. Fakir Md. A Wahab & another, 1990, 19 CLC (HCD)

...., shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417....... 204 of 1989 under sections 295A/298/109 of the Penal Code pending in the Court of Upazila Magistrate, Goalanda, Rajbari should not be quashed in respect of the petitioner. 2. Short facts relevant for the disposal of the Rule are: The opposite party No. 1 as complainant filed a petition of compla......, shall continue in accordance with law. Let the records be sent down at once and a copy of this order be communicated to the trial Court. Ed. This Case is also Reported in: 43 DLR (1991) 417.......red to- Abdul Quader Chowdhury & ors. Vs. State 28 DLR (AD) 38; Dhirendra Nath Bera Vs. Nurul Huda & ors, AIR 1951 (Cal) 133 (1713); Pramatha Nath Vs. The State, AIR 1951 Calcutta 581. Lawyers Involved: Abdul Hamid Chowdhury Advocate ‑For the Petitioner. ABM Nurul Islam Advoca..

Category: Criminal Law | Date: | Hits: 70

Munshi Mozammel Hossain Vs. Post Master, Faridpur Head Post Office, 1990, 19 CLC (HCD)

....n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ......istrict‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader, Advocate ‑For the Petitioner. Md. Delwar Hossain, Assistant Attorney......n the affected parties will themselves be the losers." In the above circumstances, the Rule is discharged without any order as to costs, Ed. This Case is also Reported in: 43 DLR (1991) 415. ...... Class), Faridpur Head Post Office, District‑Faridpur and 4 others........Respondents. Judgment July 11, 1990. Case Referred to- Saifur Rahman Vs. Bangladesh and others, 41 DLR 538. Lawyers Involved: AJ Mohammad Ali for Sharifuddin Chaklader, Advocate ‑For the Petitioner. M..

Category: Administrative Law | Date: | Hits: 182

Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)

....the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......ed by Mr. Nurun Nabi Chowdhury, Subordinate Judge, 1st Court, Dhaka, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the s......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ....... Kamaluddin, 1981 BLD 97; Bangladesh and another Vs. M/s. ATJ Industries Ltd. and others, 29 DLR (SC) 181; Dooni Lal Seal and another Vs. Sint. Giniya Devi Rateria and others, AIR 1970 (Cal) 452. Lawyers Involved: MI Farooque with Saleemullah ‑ For the Appellant. Zia‑Ur‑Rahman Khan �..

Category: Property Law | Date: | Hits: 87

Mohammad Abdul Alim Vs. Government of Bangladesh and others, 2009, 38 CLC (AD)

.... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233.......n pursuance of the agreement dated 12.10.1984 entered into on payment of advance amount of TK.3.00,00.00 (three lacs). Since original owners Abdus Sattar and Khorshed Anwar did not leave the country for any moment and also did never fail to manage the properly in question the same cannot be decla...... the continuance of the property as abandoned is not maintainable. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 233....... Mohammad Abdul Alim………………………………………………Appellant Vs. Government of Bangladesh and others……………………Respondents Judgment June 4, 2009. Lawyers Involved: Khondakar Mahbubuddin Ahmed, Senior Advocate instructed by Md. Aftab Hossain, A..

Category: Property Law | Date: | Hits: 65

Government of Bangladesh and others. Vs. Md. Tarikh-ul-Islam and others, 2010, 39 CLC (AD)

....e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......e-on-Record-For the Petitioners. AF Meshbah Uddin, Senior Advocate, instructed by Taherul Islam, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-8. Civil Petition for Leave to Appeal No.1003 of 2010. (From the judgment and order dated 26.1.2010 passed by the H......e respondents are also directed to file concise statement within 9(nine) weeks. The appeal is fixed for hearing on 24th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 214. ......na, Dhaka and others ................Petitioners Vs. Md. Tarikh-ul-Islam and others ...............................................................Respondents Order November 11, 2010. Lawyers Involved: Akram Hossain Chowdhury Deputy Attorney General, instructed by Md. Shamsul Alam..

Category: Employment/Service Law | Date: | Hits: 58

Tea Hung Packaging (BD) Limited and others Vs. Bangladesh, 2010, 39 CLC (AD)

..... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......n-Record-For the Petitioners (In all the Cases) Ms. Ok-Kyung Oh (in person)-For Respondent No.3. (In all the Cases) Not represented-For Respondent Nos.1-2. (In all the Cases) Civil Petition for Leave to Appeal No. 1246 of 2010. (From the judgment and order dated 8.3.2010 passed by the H....... 3 is also directed to file the concise statement within 9(nine) weeks from date. The appeal is fixed for hearing on 25th January, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 206.......……………………………Respondents (In Civil Petition Nos.1246 and 1712 of 2010) Order November 11, 2010. Case Referred To- State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604. Lawyers Involved: Registrar, Joint Stock Companies and Firms and others-Respondents (In Civil Pet..

Category: Criminal Law | Date: | Hits: 70

M/s. Ok-Kyung Oh Vs. Tea Hung Packaging (BD) Limited and others, 2010, 39 CLC (AD)

....stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......e Court-For the Petitioner. Mrs. Tania Amir, Advocate, instructed by Mrs. Mahmuda Begum, Advocate-on-Record-For Respondent No.2. Not represented-Respondent Nos. 1 & 3-4. Civil Petition for Leave to Appeal No.837 of 2010. (From the judgment and order dated 26.10.2009 passed by the H......stion." Security Tk. 1,000/- is to be deposited within 1(one) month. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 193.......-Kyung Oh……………………………………………................Petitioner Vs. Tea Hung Packaging (BD) Limited and others ...............Respondents Order November 8, 2010. Lawyers Involved: M/s. Ok-Kyung Oh (in person) with leave of the Court-For the Petitioner. Mrs..

Category: Company Law | Date: | Hits: 175

Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)

....delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......ent and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No.41 of 1997 rejecting the Memo of Appeal. 2. Short facts are that the respondents as plaintiff instituted the aforesaid Title Suit No.10 of 1995 in the 2nd Court of Subordinate Judge (now Joint District Judge), ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: .......Appellants Vs. Md. Abdul Malek and others.............................Respondents Judgment January 14, 2009. Case Referred to- Bangladesh Vs. Jaheruddin, 6 BLD (1986) (AD) 180. Lawyers Involved: JBM Hasan, Deputy Attorney General, instructed by B. Hossain, Advocate-on-recor..

Category: Procedural Law | Date: | Hits: 86

Government of Bangladesh and others. Vs. Bokul Mia and others, 2009, 38 CLC (AD)

....on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ...... 16th January, 2007 passed by the High Court Division in writ Petition No. 6024 of 2004 making the Rule absolute. 2. The writ petition was filed seeking direction on the Deputy Commissioner, Dhaka for paying compensation in respect of the land owned by the writ petitioners and acquired in L.A. Ca......on. In the circumstances of the case, we do not find any legal infirmity in the impugned judgment of the High Court Division. The appeal is dismissed. Ed. This Case is also Reported in: ......Muzammel Hossain J Government of Bangladesh and others................Appellants Vs. Bokul Mia and others.......................................Respondents Judgment August 18, 2009. Lawyers Involved: Mahbubey Alam, Attorney General, instructed by Zainul Abedin, Advocate-on-Recor..

Category: Property Law | Date: | Hits: 80

Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)

....red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......ate ‑ For the Appellant Petitioner. Not represented- the respondent. Criminal Appeal No.127 of 1993. Judgment Habibur Rahman Khan J.- This is an application u/s. 5 of the Limitation Act for condoning the delay of about 7 years 2 months that is 2617 days caused in filing the appeal. ......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......ur Rahman Khan J Mohammad Abdul Mannan J Mahirun Nessa ....................Accused‑Appellant-Petitioner Vs. The State......................Respondent Judgment January 12, 1993. Lawyers Involved: MA Sobhan, Advocate ‑ For the Appellant Petitioner. Not represented- the r..

Category: Procedural Law | Date: | Hits: 112

M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)

....lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......so transferred the rest of the holding in favour of Al‑haj Mir Jahan, opposite party in Civil Revision No.675 of 1990. As a result the petitioner became a tenant under them. The original landlord informed the petitioner of the said transfer by a registered notice, dated 16th November, 1987 and cal......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......r Jahan ....................Opposite Party (In Civil Revision No. 675 of 1990) Judgment January 6, 1993. Case Referred To- Maria Keshi D'Rozario Vs. Hassan Movies Ltd. 41 DLR (AD) 135. Lawyers Involved: SR Paul with Md. Faruque Ahmed and Md. Bazlur Rahman Chhana, Advocates ‑ For ..

Category: Property Law | Date: | Hits: 78

Farid Karim Vs. State, 1992, 21 CLC (HCD)

....order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ...... Judgment Habibur Rahman Khan J.- This reference being Death Reference No.12 of 1987 has been made by Mr. MG Mostafa, Sessions Judge, Kushtia under section 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid K......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ....... State, 1986 BLD 436; Juma alias Jamal Vs. The State, 11 DLR (WP) 58; Abdur Rouf and others Vs. State, 38 DIR 188; Hamzo Vs. The State, 1960 PLD (Karachi) 817; Safar Ali Vs. The State, 36 DLR 185 Lawyers Involved: Shah Azizur Rahman, Assistant Attorney General ‑ In support of Reference. ..

Category: Criminal Law | Date: | Hits: 84

Ali Ahmed Malaker @ Kunai @ Malaker & others Vs. The State, 1990, 19 CLC (HCD)

....llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......gment Syed Fazle Ahmed J.- Appellants 1) Ali Ahmed Malaker Ca) Kunai Malaker 2) Atabar Gorapi @ Atabar Rahman 3) Kolom Ali Malaker 4) Moslem Howlader and 5) Abdul Hye Bepari were placed on trial before Additional Sessions Judge, 1st Court, Faridpur in Session Case No. 233 of 1983 to answer a char......llants are found not guilty to the charge levelled against them and they be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 401. ......@ Malaker & others..............Appellants Vs. The State……………………………………………………………………………..Respondent. Judgment June 26, 1990. Lawyers Involved: Abdul Hamid Chowdhury ‑ For the Appellants. Enamul Hoque ‑For the State...

Category: Criminal Law | Date: | Hits: 67

Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......s of the petitioners as guaranteed by Articles 27,29,31 and 40 9of the Constitution and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are as follows:- The petitioners joined the services of the Government o......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ......and others.................Petitioners Vs. Bangladesh and others………………………Respondents Judgment October 11, 2010. Cases Referred To- 48 DLR (AD) 20; 49 DLR 257. Lawyers Involved: Rokanuddin Ahmed, Senior Advocate with Mustafizur Rahman, Advocate-For the Peti..

Category: Constitutional Law | Date: | Hits: 145

Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)

.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......ssed by learned Additional Sessions Judge, Pirojpur, in Session Case no. 29 of 1989 convicting the appellant in absentia under Section 326A of the Penal Code and sentencing him to suffer imprisonment for life. 2. The prosecution case as projected in the First Information Report and unfurled at t...... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......Cases Referred To- Alamgir Vs. State, 1992 BLD 472; Fazlul Huq Vs. State 1 BLC-558; Kayembuddin (Md.) Vs. State 14 BLC 59; Rehatullah Vs. State, 13 DLR 750; The State Vs. Basirullah,16 DLR 189. Lawyers Involved: Joya Battacharia, Advocate-For the appellant. Md. Moniruzzaman, Assistant At..

Category: Criminal Law | Date: | Hits: 74

Md. Mosharraf Hossain & 2 others Vs. State, 2011, 40 CLC (HCD)

.... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......hia Police Station Case No. 6(3)92 corresponding to G.R. No.30 of 1992 convicting the appellants under sections 302/34 of the Penal Code and sentencing them thereunder to suffer rigorous imprisonment for life. 2. The prosecution case, in brief, is that one Saiful Islam, brother of the deceased, ...... Send down the Lower Court Records, along with a copy of this judgment and order, at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 445. ......sain & 2 others……………………..Appellant Vs. The State……………………………………………………………..Respondent Judgment March 26 & 27, 2011. Lawyers Involved: No one-For the appellants. Md. Selim, Deputy Attorney-General with Md. Ensan..

Category: Criminal Law | Date: | Hits: 69

North Bengal Paper Mills Ltd. Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others, 1991, 20 CLC (HCD)

.... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167....... judgment and order passed on 7.8.85 by respondent No.1 as per Annexure C to the writ petition should not be declared to have been made without any lawful authority and of no legal effect. 2. The aforesaid Rule arises out of the following circumstances: 3. The petitioner North Bengal Paper Mil...... the impugned order without jurisdiction and the same is of no legal effects. In the result, the Rule is made absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 167.......Amin Choudhury J North Bengal Paper Mills Ltd..............Petitioner Vs. The Chairman Labour Court, Lakshmipur, Rajshahi and others...............Respondents Judgment July 1, 1991. Lawyers Involved: Khalilur Rahman with Sheikh Abul Hossain and Syeda Afsar Jahan, Advocates ‑ F..

Category: Labour and Industrial Law | Date: | Hits: 112

Arshad Ali Vs. Momtaz Ali and another, 1991, 20 CLC (HCD)

.... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......rule 13 of the Code of Civil Procedure and setting aside an ex parte decree dated 29.10.81 passed in Other Suit No.510 of 1981 and restoring the said suit to its file and number. 2. Facts relevant for disposal of the rule in a nutshell are as follows: The petitioner as plaintiff instituted the...... to costs. The order of stay is vacated. Let the suit be proceeded with expeditiously. Communicate this order to the court concerned. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 164. ......titioner Vs. Momtaz Ali and another................. Opposite Party Judgment December 9, 1991. Cases Referred To- Ganeshmal Vs. Kesorain Cotton Mills Ltd., 55 CWN page 349 (355) Lawyers Involved: SR Karmaker, Advocate ‑ For the Petitioner. No one ‑ For the Opposite Pa..

Category: Procedural Law | Date: | Hits: 94

Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)

.... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......nd to be of no legal effect. 2. Pending hearing of the Rule, operation of the impugned order dated 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. is a pu...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ......e State of West Bengal and another; Hemanta Kumar Bhattacharjee Vs. SN Mukherjee; Akloo Vs. Chief Engineer Officer, Corporation of Calcutta; R. Jeevaraninam Vs. State of Madras, AIR 1966 (SC) 951. Lawyers Involved: Khalilur Rahman with Syeda Afsar Jahan, Advocates‑ For the Petitioner. AY ..

Category: Labour and Industrial Law | Date: | Hits: 120

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