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Aminul Huq & others Vs. State and another, 1987, 16 CLC (HCD)

..... Criminal Revisional No. 72 of 1985. Judgment Mahmudul Amin Chowdhury J.- This Rule was issued upon the Deputy Commissioner of Feni and opposite part No.2 to show cause as to why the order dated 23.11.85 passed by Mr.Fazlul Huq, Additional District Magistrate, Feni in G.R.Case No. 184 of ......ate Division has not even expressed any opinion on the definition of working days in the aforesaid decision. The learned Deputy Attorney-General at the time of hearing of this petition brought to our notice a decision given by this Bench in a similar matter in which one of us was a party and that ha......e stopped. 2. The facts leading to this Rule is that the op­posite party No. 2 on 22.10.1984 lodged F.I.R. is Feni Police station alleging that at about 7.30 A.M. of that date the accused persons forming an unlawful assembly and being armed with Cheni, Knife, Kiriz etc. attacked the son of the i..

Category: Criminal Law | Date: | Hits: 26

Ekramaul Hoq, alias Tuku and Ors. Vs. State, 1987, 16 CLC (HCD)

....Revisional Case No. 27 of 1987 Judgment Anwarul Hoque Chowdhury J. - This Rule arises out of an application under section 439 of the Code of Criminal Procedure and is directed against an order dated 30.3.87 passed by A.K. Mu­hammad Ali, Session Judge, Narail-Magura in Ses­sions Case No. 64 ......n verbal information from lawyers. Send a copy of the judgment to the court below at an early date. D.M. Ansaruddin Ahmed J. - I agree. Ed This Case is also Reported in: 40 DLR (1988) 139....... with the Kalia Police Station al­leging inter alia that on 24.10.84 his father Golam Hossain and his maternal uncle Belayet Kha and oth­ers went to the house of Gopal Sardar of village Dewa Bhanga for a salish. After holding salish they were returning home and at about evening time they reached i..

Category: Criminal Law | Date: | Hits: 30

Nurul Islam & others Vs. State, 1986, 15 CLC (HCD)

....zal, P.W.6, P.W.7 Taher Howlader, Siddik Member, Shamsul Mai, Sadek Howlader, and P.W. 17 stated to him that they saw the occurrence. He also stated that he recorded the statement of Tofaazzal on the date of occurrence at the place of occurrence. He also stated that people of the locality dismantled......m. It is directed that they should be set at liberty forthwith, if not wanted in any other connection. Sultan Hossain Khan J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 122. ......udgment and order of the learned Sessions Judge, Bhola passed in Sessions Case No. 19 of 1984 con­victing the appellants under sections 302/34 of the Penal Code and sentencing them to transportation for life with a fine of Tk.5000/- each in default, to suffer rigorous imprisonment for 6 months each..

Category: Criminal Law | Date: | Hits: 27

M.A. Hai and others Vs. Trading Corporation of Bangla­desh, 1987, 16 CLC (HCD)

....1984, however, effective from 21.7.84, sub-rule (II) of Rule 7 pro­vided as follows:- “In case of failure of the authority to take deci­sion within one hundred and twenty working days from the date of communicating the charge under these rules or within one hundred and fifty working days from......These five Rules Nisi were obtained at various times by these seven Peti­tioners under Article 102 of the Constitution of the People's Republic of Bangladesh challenging either the second show cause notices provisionally remov­ing them from the service of the Trading Corporation of Bangladesh or t......uding the discipli­nary proceedings against the officers and other em­ployees of the Corporation. It is, however, alleged by the petitioners and freely admitted by the respon­dent-Corporation that for purposes of regulating the disciplinary proceedings against its officers and other employees, th..

Category: Employment/Service Law | Date: | Hits: 80

Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)

....wal, Advocate—For the Respondents. Appeal from Original Decree No. 589 of 1991. Judgment Md. Abdul Aziz J. - This appeal at the instance of the plaintiffs is directed against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin ......ant the loan. The bank asked the defendants to take loan of Taka 10 lac by way of pledge but the defendants did not take it. The defendants ultimately closed down the mill. The plaintiff served legal notices on them for recovery of their money and ultimately filed the suit for an amount of Taka 22,8...... against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery ..

Category: Civil Law | Date: | Hits: 85

Mohammod Hossain, Advocate Vs. Quamrul Islam Siddique, Secretary, Ministry of Housing and Public Works, Bangladesh Secretariat, Dhaka and others, 2001, 30 CLC (HCD)

....stigation against them by respondent No. 3, Director General of Bureau of Anti-Corruption about the allegation of corruption about the allegation of corruption as reported in the daily “Dinkal” dated 27-7-2001. Respondent No. 1, 1A and respondent No. 2 all made appearance by filing affid......t of the offence specified in the schedule to that Act. We are of the view that though normally police cannot act on the basis of any report in the newspaper, as the matter has been brought to the notice of this court in the form of an application under Article 102 of the Constitution, this cour......rks, Government of Bangladesh. However, he conceded that there is no specific allegation against respondent No. 2, Registrar of this Court. 2. In this writ petition, the petitioner made a prayer for directing the respondent No. 3 to hold investigation against respondent No.1, 1A and 2 regardi..

Category: Anti-Corruption Laws | Date: | Hits: 178

Begum Khaleda Zia Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....his Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during the subsi......a J.- This Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to show cause as to why the impugned notice dated 24.5.2009 (annexure C-2) asking the petitioner to return the demised property during th......Nos.1, 3 and 5. Anisul Hoque, Senior Counsel-For Respondent No.2. Writ petition No.2910 of 2009 Judgment Nazmun Ara Sultana J.- This Rule was issued at the instance of Begum Khaleda Zia, former Prime Minister and now Leader of the Opposition in Parliament calling upon the respondents to..

Category: Property Law | Date: | Hits: 88

Canada Shipping and Trading SA Vs. TT Katikaayu and another, 2001, 30 CLC (HCD)

....tion by the plaintiff, restraining the original defendants from proceeding with Arbitration and another for stay of proceeding of the suit in view of Arbitration clause in the Memorandum of Agreement dated 25th May, 2001 and for release of the vessel TT Kartikaayu by the defendants—are heard toget......d that the Agent for the vessel at Chittagong would be Simni Shipping Lines Ltd. The vessel duly arrived at Chittagong as per terms and conditions of the said agreement but the buyer did not give any notice to the seller as required under the agreement nor handed over the vessel to the buyer nor did......he Plaintiff -Petitioner, M. Hafizullah with Al-Amin Sarker, Advocates—For the Defendant-Petitioners. Admiralty Suit No. 14 of 2001. Judgment KM Hasan J.- These two applications—one for injunction by the plaintiff, restraining the original defendants from proceeding with Arbitratio..

Category: Admiralty Law or Maritime Law | Date: | Hits: 184

Belal alias Bellal and 2 others Vs. State, 2001, 30 CLC (HCD)

....ant Attorney General- For the State. Criminal Appeal No. 1693 of 1996. Judgment Md. Abdul Aziz J.- This appeal is directed against the impugned judgment and order of conviction and sentence dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants ......, District-Dinajpur be set at liberty forthwith if not wanted in any other connection. Send down the lower Courts records expeditiously. Ed. This Case is also Reported in: 54 DLR (2002) 80. ......nce dated 15-9-1996 passed by the learned Additional Sessions Judge, Dinajpur convicting the appellants and another under section 392 of the Penal Code sentencing them to suffer rigorous imprisonment for 10 years and to pay a fine of Taka 1,000 each, in default to suffer RI for 6 (six) months more i..

Category: Criminal Law | Date: | Hits: 83

State Vs. Rafiqul Islam alias Gadan, 2002, 31 CLC (HCD)

.... inquest report as Exhibit 2 and his signature thereon as Exhibit 2(1). 5. PW 2 is Abdus Samad. He stated that he is the co-villager of the informant and used to know deceased Rajah Ali and on the date of occurrence he was in Dulauri Hut and the occurrence took place at about 7‑30/8‑00 PM and......fficulty to accept this submission. in our view although the charge under section 396 against other co-accused has failed he can be safety convicted under section 302 of the Penal Code as he had full notice of the charge under section 302 which is inherent in the charge under section 396 of the pena...... 3235 of 1999 and Criminal Appeal Nos. 2428, 2198 of 1999. Judgment Md. Abdul Matin J.- This Death Reference under section 374 Cr.P.C. is made by the Additional Sessions Judge, 1st Court, Pabna for confirmation of the sentence of death imposed upon Md Rafiqul Islam alias Gadan, son of Yousuf A..

Category: Criminal Law | Date: | Hits: 38

Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)

....esented- the Respondents. Civil Petition for Leave to Appeal No. 642 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for leave to appeal is directed against the judgment and order dated 13.03.2007 passed by the High Court Division in Civil Revision No.1170 of 1998 making the Rule...... to the plaint. For peaceful settlement of the suit property they appointed the defendant Nos. 2-4 as their arbitrators and accordingly, an Achalnama was executed on 02.01.1980. The Arbitrator issued notice upon the parties on 30.03.1980 fixing the date 30.04.1980 for supplying them necessary papers......vernment of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 642 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for lea..

Category: Property Law | Date: | Hits: 30

Managing Director, Rupali Bank Limited & Ors. Vs. Chairman, First Labour Court & ors., 1992, 21 CLC (HCD)

....t Syed Fazle Ahmed J.-Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the decision and order dated 28.1.1981 passed by the Respondent No. I in IRO Case No. 52 of 1980 should not be declared to ......on expressed terms and conditions that he would be paid consolidated salary of Tk. 195.00 plus a sum of Tk. 20.00 as conveyance allowance per month and that his service will be terminated without any notice or assigning any reason and that he would have whole time engagement as the Godown Keeper in ......ority and is of no legal effect. 2. Facts giving rise to this Rule Nisi briefly be put thus: Sekendar Ali Howladar, figuring as a 1st party, riled a case under section 34 IRO 1969 with a prayer for direction to the 2nd party petitioner (Rupali Bank) to allow him all the facilities of a permane..

Category: Labour and Industrial Law | Date: | Hits: 93

Bangladesh Water Development Board Vs. Golam Robbani Khan and others, 2006, 35 CLC (AD)

....nstructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1354 of 2006. (From the judgment and order dated 16.7.2006 passed by the High Court Division in Writ Petition No. 94 of 2006.) Judgment ......ur No.1. The Chief Engineer of North Western Zone, Superintending Engineer of Bogra O and M Circle and the Executive Engineer of Bogra O and M Division visited the spot and brought, the matter to the notice of the higher authority. After due consultation and discussion the Executive Engineer by lett......llah, Advocate-on-Record-For the Petitioners. Dr. Ali, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For Respondent No.1 Not Represented-For Respondent Nos. 2-6. Civil Petition for Leave to Appeal No. 1354 of 2006. (From the judgment and order dated 16.7.2006 passed by the ..

Category: Others | Date: | Hits: 82

Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)

.... Party Nos. 2(a) & 2(b). Civil Revision No. 4616 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the order dated 26-10-99 passed by the Senior Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 s......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 19..

Category: Property Law | Date: | Hits: 32

Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)

.... requisition in 1965 and, as such, the claim of the petitioners suffers from latches and inordinate delay after 34 years. Claim of the petitioners that they were directed to vacate the land by notice dated 20-4-99 has been specifically denied and in paragraph 15 of the affidavit-in-opposition it has...... Razzak was the owner of several plots of land measuring 20 bighas in Foidabad Mouza and the same was requisitioned in LA Case No. 8 of 1964-65 under section 93A of the Town Improvement Act, 1953 and notice of requisition as well as acquisition was served upon the said Abdur Razzak. Respondent No. 3......ed only 14 bighas of land, 6 bighas and 13 decimals of land remained unutilised in spite of decision of the Government taken on 2-6-88 to utilise the same within three years and petitioner’s prayer for release of the same was not heeded to by the respondent No. 5. Further case of the petitioners i..

Category: Property Law | Date: | Hits: 27

Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)

.... Revision No. 1606 of 1999. Judgment AK Badrul Huq J. - The subject matter of challenge in this Civil Revision Petition under section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 o......ng Revisional authority under section 115 of the Code. 5. For the purpose of answering to the question posed, portrayal of essential facts forming background of this Civil Revision Petition may be noticed. Sealed tender was invited for leasing Azmiriganj Hat for the year 1406 BS by Tender Notice ...... section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Pe..

Category: Property Law | Date: | Hits: 34

Salim (Md) Vs. Assistant Commissioner of Land and Chairman, Debt Settlement Board and others, 2001, 30 CLC (HCD)

.... Not represented—the Respondents. Writ Petition No. 1638 of 1996. Judgment MM Ruhul Amin J.- This Rule Nisi was issued calling upon the respondents to show cause as to why impugned order dated 3-5-1992 (Annexure-D) passed in Debt Settlement Board Case No. 442 (Pathar) 89-90 Patharghata ...... (Pathar) 89-90 Patharghata, District Barguna is hereby declared to have been passed without jurisdiction and to be of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 72. ...... possession of the land to the petitioner. The respondent No. 6 on 2-5-1991 filed an application under section 7 of Act 15 of 1989 to the Patharghata erstwhile Upazila now Thana Debt Settlement Board for cancellation of the said deed on the allegation, inter alia, that the transfer was made for the ..

Category: Property Law | Date: | Hits: 24

Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)

....s Rule Nisi was issued under Article 102 of the Constitution of the Peoples Republic of Bangladesh calling upon respondent Nos. 1 to 5 to show cause as to why the impugned letter No. DSE-433/2000/403 dated 1-3-2000 issued by the respondent No. 5, Chief Executive Officer of Dhaka Stock Exchange Ltd.,......order of injunction obtained by them thereunder DSE could not pay the outstanding amount to the petitioner by way of sale proceeds of the said shares. Hence, the petitioner caused a demand of justice notice served on the respondent calling upon them to make payment of the outstanding amount to the p......kaging Limited through respondent No. 6, Trusty Associates Company Limited, Member No. 162, Dhaka Stock Exchange, respondent No. 5, at a price of Taka 1,10,90,870 at the rate of Taka 180.11 per share for which respondent No. 6 as broker received Taka 22,181.74 as brokerage from the above sale procee..

Category: Business or Commercial Law | Date: | Hits: 210

Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)

....re as illegal and without any lawful authority and also asked for the protection of his fundamental right and of other citizens threatened to be violated by calling and observing ‘hartal’ on that date or in near future. From the submission made and citations placed by the learned Counsels of the......reventing the common man from even going to the hospital in an emergency so as to bring succor to a citizen who has been taken seriously ill. Thus, on the materials made available and taking judicial notice of what generally happens in a bundh which has resulted even in the working of the High Court......urt of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is uncon..

Category: Constitutional Law | Date: | Hits: 216

City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)

....1 of 2010) Not represented-The Respondents (In Civil Petition Nos.767-769, 772-773 and 781 of 2010). Civil Petition for Leave to Appeal Nos.761,767-769,772-773 and 781 of 2010. (From order dated 21.03.2010 passed by the High Court Division in Writ Petition No.3503 of 2009 in connection wi......rk must be completed by 30.11.2010 as per direction of the judgment. 23. Pursuant to the direction given in the order dated 24.01.2010 in Writ Petition No.3503 of 2009, Respondent No.21 issued two notices both dated 09.02.2010 addressed to Mr. Fazlur Rahman, Managing Director of City Group of Ind......Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement Bangladesh Ltd.........Petitioner (In Civil Petition No.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Committee, Asaduzzaman Siddiqui ..

Category: Environmental Law | Date: | Hits: 344