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Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)

....89) 94.......d. Shahabuddin was that the remedy lay in the La­bour Court. It appears from the judgment of the low­er appellate Court that the learned Advocate for the Bank raised such a plea there for the first time, and the learned District Judge observing that the Admin­istrative Tribunal (Amendment) Ordina......he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94.......he result, the Rules issued in Civil Re­vision No. 71 of 1987 and Civil Revision No. 73 of 1987 are discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 94...

Category: Employment/Service Law | Date: | Hits: 76

Nur Ahmed Vs. Moktar Ahmed & others, 1988, 17 CLC (HCD)

...................................Petitioner Vs. Moktar Ahmed & others....................Opposite Parties Judgment November 6, 1988. Lawyers Involved: Abdul Momen Chowdhury, Advocate — For the Petitioner. Amirul Kabir Chowdhury, Advocate—For the Opposite Parties. Civil......d by hanging on refusal to accept the same by the petitioner was not at all de­livered to him for service. The petitioner further stat­ed that he came to know about the ex-parte order for the first time on 23.6.1982 from one Golam Hossain and on the following day he filed the applica­tion. The op...... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84....... pay a sum of Tk. 250/- to the pre-emptor-opposite party by way of costs. In the result, the Rule is made absolute. No or­der as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 84...

Category: Property Law | Date: | Hits: 29

Angur Vs. State, 1988, 17 CLC (HCD)

....n be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......by the same launch. The dacoits also took away an amount of Tk. 600/- in cash and some other papers from the possession of the serang of the launch. It is also the case of the prosecution that at the time of the commission of the dacoity 4/5 more dacoits came by a boat and boarded the launch. After ......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66.......e anything for which the pardon already tendered to him can be forfeited. He should be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (1989) 66...

Category: Criminal Law | Date: | Hits: 42

Md. Azad Shaikh alias Azad SK Vs. State, 1988, 17 CLC (HCD)

....that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......ocality and examined the witnesses. The investigation was followed by the submission of a charge-sheet on 31.1.80 against 12 persons including the appellant u/s. 395/397 of the Penal Code. In the meantime accused Haider Ali, Jalal, Azad and Sattar, Murad, Khoka & Siddique were arrested by the police......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62.......passed against the appellant is set aside. It is directed that he be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (1989) 62...

Category: Criminal Law | Date: | Hits: 31

Abdul Mukit Chowdhury Vs. The Chief Election Com­missioner & others, 1988, 17 CLC (HCD)

.... Vs. The Returning Officer Namakkl, AIR 1952 (S.C.) 64, New India Tea Co. Vs. Bangladesh, 31 DLR (AD) 303. Lawyers Involved: Khondker Mahbubuddin Ahmed with B.K. Das, Mirza Hussain Haider, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha, Advocates— For the Respondents. Writ P......avit-in-opposition denying the allegations made in the peti­tion on materials particulars. It is denied by them that there was any obstruction or interruption or stoppage of election at any point of time. It is further denied that Presiding Officer had never stopped the polling at any point of time......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57.......nt any such direction. In the result, the Rule is discharged without costs. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 57...

Category: Election Law | Date: | Hits: 119

Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)

.... others........................................Respondents Judgment December 8, 1988. Lawyers Involved: Dr. Kamal Hossain, with Amirul Islam, J.N. Deb, B.K. Das and Kazi Shahabuddin, Advocates—For the Petitioner. S.R. Paul with S.K. Sinha and Mohammad Hos­sain, Advocates — For t......an Chowdhury for an over draft in favour of one Sabbir Ahmed Chowdhury and the said fact was very much within the knowledge of the petition­er and the petitioner did never raise any objection at the time of filing the nomination paper or thereafter, It is also asserted by the respondent No. 5 that ......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..

Category: Election Law | Date: | Hits: 104

Md. Jahangir Alam Vs. Government of Bangladesh and others, 2010, 39 CLC (AD)

....eriod of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649....... 3. After hearing on 25.10.2009, the High Court Division found that since the period of 3 (three) years, to run the pharmacy in the concerned premises, had already expired on 22.06.2009, by efflux of time, the Rule itself became infructuas, as such, it was discharged on that ground. 4. Mr. M. Ami......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649.......e infructuas since the period of work-order expired by efflux of time on 22.06.2009. In that view of the matter, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 649...

Category: Civil Law | Date: | Hits: 76

Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)

.... and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644.......e plaint on an application filed under Order 7 Rule 11 read with Section 151 of the Code of Civil Procedure. 2. The facts, in short, are that the plaintiff-appellant-respondents filed the suit for recovery of Tk. 15, 48, 95,233.69. The claim in the suit arose in consequence of bifurcation of vari......wing the defendant Nos.1 and 2 to file a written statement advised. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 644...

Category: Procedural Law | Date: | Hits: 81

Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)

....that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......uddin Bhuiyan, the learned Advocate representing the assessee, has submitted that the right of appeal of the assessee respondent shall be regulated by the provision of law which was prevailing at the time when the assessment proceeding commenced. He has in support of his contention referred to vario......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..

Category: Fiscal/Taxation Law | Date: | Hits: 55

Altaf Hossain and others Vs. State, 2001, 30 CLC (HCD)

....discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464....... made out in the first information report. He stated that on the night following 1-1-1997 the accused appellants and others came to his house with fire-arms and demanded Taka 40,000 as ransom. At the time of retreat they asked him not to disclose the fact to anybody or else to suffer dreadful conseq....... The accused appellants, who are currently on bail, are discharged from their bail bonds. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 464.......r rigorous imprisonment for a further period of 1 month. 2. The prosecution case, in short, is that at about 10-00 PM of 21-1-1997 these accused persons along with 5/6 others being armed with fire-arms came to the house of informant Shariful Islam and demanded Taka 5,000 as ransom to be paid by 1..

Category: Criminal Law | Date: | Hits: 28

Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)

....the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458.......iff which was subsequently enhanced to Taka 11.00 lac by the sanction letter dated 15-3-1986. The defendant No.1 although repaid some amounts of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff...... money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested the......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458...

Category: Civil Law | Date: | Hits: 79

Duran Begum Vs. DC and Magistrate, 2nd Class, Railway Lands and Buildings and others, 2000, 29 CLC (HCD)

....awful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......se at least 6.12 acres of land including the case are to be transferred to the Ministry of Industries for establishing “World Trade Centre”. When the measurement process was going on it was first time detected that the petitioner has been occupying Railway land and thereafter, notice under secti......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448.......dated 25-10-1999 Annexure A to the Writ Petition is hereby declared to have been made without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 54 DLR (2002) 448...

Category: Property Law | Date: | Hits: 22

Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)

.... J Moniruzzaman (Md.)……..…………………Petitioner Vs. ANM Didar-e-Alam and others ….Opposite Parties Judgment June 18, 2002. Cases Referred To- Ali Akkas vs. State 1997 BLD (AD) 44 = 2 BLC (AD) 16; Nurul Islam vs. State and another 49 DLR 464; Salauddin (Md.) ......een made for the disposal of the Rule only, and those will have no bearing on the decision of the case on merit. In the result the Rule is discharged. The order of stay passed by this court at the time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of...... 9. It has been further held in the aforesaid case that even the civil suit is filed for realisation of money the same will not stop prosecution which is as follows: Institution of money suit for recovery of the money will not stop prosecution for an offence committed in the eye of law.” 10...... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445...

Category: Criminal Law | Date: | Hits: 29

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)

....iah J Shishir Kanti Pal and others………………. Petitioners Vs. Nur Muhammad and others…………Opposite Parties Judgment July 10, 2001. Cases Referred To- Sahera Khatun and another vs. Anwara Khatun and ors 1 BCR 126 = 33 DLR 442; Hasmat Ali vs. Mofizuddin Majhi a...... to the plaint. The trial Court itself observed to the effect: “The passport marked Exhibit A 11 as filed on behalf of Rashamoy Paul shows that he remained as Citizen of Pakistan at the relevant time though it is found in the deposition of this witness that his all other relations including his...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440...

Category: Property Law | Date: | Hits: 23

Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)

....sgar Khan J SK Sinha J Tajul Islam ………………Petitioner Vs. Gobinda Prashad Das and others……….Opposite Party Judgment November 30, 2000. Cases Referred To- Dalpat Singh and another vs. State of Rajasthan,1969 CrILJ 262 (Vol. 75 CN 64): AIR 1969 Supreme Court 1......instituted by his father and requested the accused No.1 for giving such information who on reply told that previously his father used to take such information without giving any tips to them and this time if he wants any information then he shall have to pay Taka 500 or else asked him to get out of ......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436...

Category: Criminal Law | Date: | Hits: 62

Bangladesh Anabic Shakti Commission Karmachari Union Vs. Member, Labour Appellate Tribunal, Dhaka and others, 2000, 29 CLC (HCD)

....on (Special Original Jurisdiction) Present: SAN Mominur Rahman J Md. Abdul Quddus J Bangladesh Anabic Shakti Commission Karmachari Union......Petitioner Vs. Member, Labour Appellate Tribunal, Dhaka and others…………..Respondent Judgment December 3, 2000. Cases R...... the petitioner union initially contested the matter before the Labour Court in Industrial Relations Ordinance Case No.43 of 1993, initiated by the Registrar of Trade Union but did not contest at the time of hearing and accordingly the Labour Court disposed of the case on merit holding Respondent No...... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430....... and orders and cancellation of the registration of the petitioner union. Accordingly the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002)430...

Category: Labour and Industrial Law | Date: | Hits: 158

Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)

.... Court High Court Division (Special Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafiuddin J Sarwar Garments Ltd…………………….Petitioner Vs. Chairman, National Board of Revenue and ors………………. Respondents Judgment August 13 and 14, 200......-9-1985 and since then the licence has been renewed from year to year and it has been renewed lastly on 29-3-2001. In connection with the business the petitioner Company opened letters of credit from time to time for importation of raw materials and exported finished products under master L/C. It is......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420...

Category: Fiscal/Taxation Law | Date: | Hits: 63

Ferdousi Islam Vs. Nur Mohammad Kha and others, 2000, 29 CLC (HCD)

....si Islam………….………………….Petitioner Vs. Nur Mohammad Kha and others………… Respondents Judgment October 25, 2000. Lawyers Involved: Syed Ziaul Karim, Advocate — For the Petitioner. AKM Zahirul Haque, Assistant Attorney-General — For the Respondents......osite parties stating, inter alia, that on 14-1-1996 at 8-00 PM her husband, Md. Rafiqul Islam, went to a brick field at night after taking meal assuring the informant that he would return after some time. But he did not return on that night and therefore on the following morning she had been to the...... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418....... is set aside. The trial Court is directed to proceed with the trial in accordance with law from the stage before passing the impugned order. Ed. This Case is also Reported in: 54 DLR (2002) 418...

Category: Criminal Law | Date: | Hits: 33

Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)

....………..Opposite Party Judgment April 3, 2002. Case Referred To- AZM Khalilur Rahman vs. Md. Syed Hossain and ors 25 DLR 485; AIR 1934 All, 450. Lawyers Involved: Samarendra Nath Goswami, Advocate—For the Petitioner. Not represented — For the Opposite Party. Civil ......lication under Order XXIII rule I of the Code of Civil Procedure filed on behalf of the plain petitioner is allowed on condition that the plaintiff must pay a cost of Taka 500 to the defendant at the time of the institution of any fresh suit on the same cause of action if it is not otherwise barred ......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416.......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...

Category: Procedural Law | Date: | Hits: 83

Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....er………….. Petitioners Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment July 7, 2002. Cases Referred To- Golam Abbas vs. State of UP AIR 1981 (SC) 2198; Bangladesh vs. Hossain Mohammad Ershad 52 DLR (AD) 172. Lawyers In......quently a police camp was established in the campus and all the devotees of the petitioner No. 2 were driven out from campus of the Dewanbagh Darbarsharif. Mr. Fazlul Karim has argued that since that time, the petitioner made several prayers to the District Authority and police authority for allowin......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413.......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413...

Category: Property Law | Date: | Hits: 25