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Samiran Haider and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain J Samiran Haider and others………Petitioners Vs. Bangladesh and others…………..Respondents (In all the Writ Petitions) Judgment August ...... resorted to in Khalilur Rahman ASP, SB, Dhaka vs. Kamrul Ahsan and others reported in 11 MLR (AD) 5 = 10 BLC (AD) 193 it has been held that merely because the Administrative Tribunal cannot grant ad interim order of injunction that does not confer jurisdiction on the High Court Division to entertai......s Intelligence) Recruitment Rules, 1981, (Annexures H and I) should not be declared to have been passed and issued without lawful authority and is of no legal effect and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. All these Rules concern common q......iction we are not inclined to go into their merits. Accordingly, these Rules are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 410. ..

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

Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....ision (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Barrister Md. Rafiqul Islam Mia………………….. Petitioner Vs. Government of Bangladesh and others……..Respondents Judgment October 18, 2006. Cases Referred To- Syed ......the same time directed that the other 3 accused persons be made witnesses in the same case. 4. Being aggrieved, the petitioner has come to this Court and obtained the present Rule along with an ad interim order of stay of all further proceedings of Metro Special case. 5. The Rule is being cont......ey-General— For Respondent Nos. 1 and 2. Writ Petition No. 2028 of 2001. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order of sanction dated 15-9-1998 according permission by the respondent No. 3 for prosecuting the p...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..

Category: Anti-Corruption Laws | Date: | Hits: 140

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

.... and others ………………….Respondents Judgment April 24, 2007. Cases Referred To- Md. Habibur Rahman vs. State reported in 2006 BLD (AD) 59= 58 DLR (AD) 12; Begum Tahmina vs. Bangladesh 52 DLR 503 and Mustafizur Rahman vs. DG, Anti-Corruption 2 BLC 605. Lawyers involved: AK...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ......rneys-General—For the Respondents. Writ Petition No. 2401 of 1998. Judgment SAK Md. Dabirush-Shan J.- This Rule was issued calling upon the respondents to show cause as to why the impugned order under Memo No. AC/1473 dated 1-7-1998 (Annexure-B to this petition) issued by respondent No. 3...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..

Category: Anti-Corruption Laws | Date: | Hits: 150

Rabiul Karim (Md.) Vs. State, 2005, 34 CLC (HCD)

.... Ed. This Case is also Reported in: 59 DLR (2007) 401. ......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ......-General— For the State. Criminal Appeal No. 2348 of 2001. Judgment Md. Arayes Uddin J.- This appeal has been preferred by the convict Md. Rabiul Karim against the Judgment and order dated 10-5-2001 passed by the learned Special Tribunal, Sirajgonj in Special Tribunal Case No.......t aside. Let the convict Md. Rabiul Karim be set at liberty forthwith if not wanted in any other connection. Sent down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 401. ..

Category: Criminal Law | Date: | Hits: 30

Ratan Sarder and others Vs. Bishai Bepari and others, 2009, 38 CLC (AD)

.... Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ......Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos. 1-61. Not represented- Respondent Nos. 62-63. Civil Appeal No.29 of 2005. (From the judgment and order dated the 17th day of March, 2004 passed by the High Court Division in Civil Revision No. 2308......vocate for the appellants and as such, find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 788. ..

Category: Property Law | Date: | Hits: 28

Shahjahan Ali (Md.) @ Md. Shahjahan Vs. State, 2007, 36 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.Respondent Judgment February 26, 2007. Cases Referred To- State vs. Khasru, 43 DLR (AD) 182; Shamsuddin Sarker vs. State, 11 DLR (SC) 365; Eradu and others vs. State of Hyderabad, PLD 1956 SC 286; Ismail Sarker and others vs. State, 33 DLR 3...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ......ur Rahman Zahid, Deputy Attorney-General—For the State-Respondent. Criminal Appeal No. 1715 of 2005. Judgment Md. Abdul Hye J.- This appeal is directed against the judgment and order of conviction and sentence dated 22-3-2005 passed by learned Sessions Judge, Kishoreganj, conv...... sentence dated 22-3-2005 is upheld and confirmed. Send down the lower Court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 59 DLR (2007) 396. ..

Category: Criminal Law | Date: | Hits: 29

Abdul Mannan Sheikh (Md) Vs. Soleman Bewa and others, 2007, 36 CLC (HCD)

....01- passed by the learned Subordinate Judge, First Court, Naogaon, in Title Appeal No. 256 of 1997 reversing those dated 13-10-1997 passed by the learned Senior Assistant Judge, First Court, Naogaon Sadar, in Other Class Suit No. 80 of 1996, dismissing the suit. 2. Short facts leading to this......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ......oth a deed of transfer and a decree. Section 39 provides for declaration of nullity of a written instrument in the words "adjudge it so" void; it also provides that the Court, "in its discretion" may order the instrument when adjudged void to be delivered up or cancelled. From this provision it is o......vacated. Send down the lower Court's record at once with a copy of the judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 392. ..

Category: Property Law | Date: | Hits: 26

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

....inal Jurisdiction) Present: SM Hossain J Quamrul Islam Siddiqui J Syed Salahuddin Ahmed ……………………………..Petitioner Vs. Government of Bangladesh and others........Respondent Judgment February 28, 2007. Cases Referred ......ction of the respondents illegally evicting him on 15-5-2003 from the disputed land, the petitioner obtained this Rule from this Court. On the date of issuance of the Rule, the petitioner obtained an interim order restraining the respondents from leasing out the property as mentioned in the schedule...... Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order issued under Memo No. 3637 dated 18-11-1993 (Annexure-C) and the action of the respondents in ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..

Category: Constitutional Law | Date: | Hits: 200

Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Afzal Hossain Ahmed J Khorshed Alam Khan and others...............Petitioners Vs. Bangladesh and others ……………………………..Respondents Judgment August 13, 2006. C......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......y Attorney-General— For Respondent No.1. Writ Petition No. 1745 of 1996. Judgment Tariq-ul-Hakim J.- This Rule Nisi has been issued calling upon the respondents to show cause as to why the order dated 25-1-1996 (Annexure-G) passed by the respondent No.2 in LA Case No. 34 of 1993-1994 shou......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ..

Category: Property Law | Date: | Hits: 57

Bangladesh Film Development Corporation Vs. Chairman, Labour Court & another, 2007, 36 CLC (HCD)

.... Ed. This Case is also Reported in: 59 DLR (2007) 379. ......nd are of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper. 3. At the time of issuance of the Rule, the petitioner, however, obtained an interim order staying the operation of the impugned judgment and order passed by the First Labour Co......er Article 102 of the Constitution of the People's Republic of Ban­gladesh, Rules were issued almost in identical terms calling upon the respondents to show cause as to why the impugned judgment and order dated 29-12­2005 passed by the First Labour Court, Dhaka (res­pondent No. 1) in Complaint Ca......discharged. The stay order passed at the time of issuance of these Rules is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 379. ..

Category: Labour and Industrial Law | Date: | Hits: 181

State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)

....below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......ta Bichar Tribunal No. 4 Dhaka, seeking confirmation of death sentence imposed upon the absconding condemned accused (1) Kajal Ahmed Jalali under sections 302/34 of the Penal Code by his judgment and order dated 17-3­-2004 passed in Druta Bichar Tribunal Case No. 38 of 2003, which arose out of Moti......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...

Category: Criminal Law | Date: | Hits: 109

Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)

....d J Jakir Hossain.........................Petitioner Vs. Jel Vanu………………………………….Opposite-Party Judgment August 17, 2005. Cases Referred To- Dewan Mohammad Safare Ali vs. Bangladesh 43 DLR 221; Gangamoyi Debi vs. Troiluckhya Nath Chowdhury 33 IA 60 at 6....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ......of 2003 reversing those dated 27-2­2003 passed by the Senior Assistant Judge-in-Charge, Barguna in Title Suit No. 78 of 2000 in dis­missing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It is the petitioner's case t....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..

Category: Property Law | Date: | Hits: 32

Bonlac Foods Ltd. Vs. Unilac Sanowara (BD) Ltd. & another, 2005, 34 CLC (HCD)

....Parties Judgment March 5, 2005. Cases Referred To- KR Chinna Krishna Chettiar vs Sri Ambal & Co AIR 1970(SC) 146; Supermax International Private Ltd vs Samath Razor Blades Industries Ltd 4 BLC (AD) 229 . Lawyers involved: Dr. M Zahir, Senior Advocate wi......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ......rade Marks would not be rectified by removal of trade­mark No. 33243 in class-29 from the Register and pending hearing of the Rule the operation of the registered trademark No. 33243 in class-29 was ordered to be stayed for a period of three months. Opposite party No. 1 filed an application for vac......ty for costs may be returned to the learned Advocate appearing on behalf of the petitioner. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 332. ..

Category: Intellectual Property Law | Date: | Hits: 199

Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)

....rs obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the complainant opposite party No. 1, Mr. Kapil Krishna Goldar, Tashildar, Vested Property Cell, Madaripur and the State to show cause as to why the proceedings in CR case No. 509 of 2000, now pendi......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......ite party No.1, under sections 467/468/471 of the Penal Code for commission of offence of forging valuable documents by the accused petitioners should not be quashed and/or pass such other or further order or orders as to this Court may deem fit and proper. 2. At the time of issuance of the Rule,......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328...

Category: Criminal Law | Date: | Hits: 28

Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)

....alias Jewel………………………....Petitioner Vs. State………… Opposite party Judgment July 20, 2000. Cases referred to- Queen Empress vs. Arumugam & ors 20 ILR (Mad) Ill; Emperor vs. Mithis Swaniyar 30 ILR (Mad) 466; State of Madras vs. G Krishnan AIR 1961 (Mad)......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......dvocate — For the Petitioner. M Imman Ali, Deputy Attorney-General— for the State. Criminal Revision No. 611 of 1998 Judgment Amirul Kabir Chowdhury J.- Challenging the legality of an order refusing to furnish certified copy of statement of co-accused under section 164 CrPC this Rule......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..

Category: Criminal Law | Date: | Hits: 25

N Mohd Engineering Industries Ltd. Vs. Commissioner of Taxes, 1999, 28 CLC (HCD)

....Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA No. 2469 of 1993-94 (Assessment Year 1991-92). 2. The assessee applicant company fil...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132.......For Applicant. Dabiruddin Ahmed, Deputy Attorney-General For the Respondent. Reference Application No. 52 of 1995. Judgment Syed Amirul Islam J.- This reference arises out of judgment and order dated 29-5-94 passed by the Taxes Appellate Tribunal, Chittagong Bench, Bangladesh in ITA No. ...... as formulated in paragraph No. 7 of the application in the negative and in favour of the assessee. The parties will bear their own costs. Ed. This Case is also Reported in: 54 DLR (2002) 132...

Category: Fiscal/Taxation Law | Date: | Hits: 72

Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)

....e proceeding in aforesaid GR Case No. 3452 of 2000 has been stayed by this Court. 2. During the pendency of the instant pro­ceeding, the informant, KMM Iqbal, Law Officer, Lever Brothers Bangladesh Limited, has been added as opposite party No.2 in this proceeding on 10-8­2003 upon his appli......itioner, after pre­ferring a miscellaneous application before the High Court Division, being Criminal Miscellaneous No. 6681 of 2000, under section 498 of the Code of Criminal Procedure, obtained ad interim bail on 13-­11-2000. Thereafter, challenging the entire proceeding in GR Case No. 3452 of 2...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..

Category: Criminal Law | Date: | Hits: 81

Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)

....er proceedings of Complaint Case No. 379 of 1990 pending as aforesaid. 2. The relevant fact to the issuance of the Rule as appears from the revisional application is that the Assistant Judge, Sadar, Natore lodged a complaint case being Complaint Case No. 379 of 1990 before the Magistrate, Fir......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ......e proceeding in Complaint Case No. 379 of 1990 pending in the Court of Magistrate, First Class, Natore under sections 465/471 of the Penal Code should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. At the time of issuance of the Rule the ac......e him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 322. ..

Category: Criminal Law | Date: | Hits: 40

Naimuddin and another Vs. State, 2007, 36 CLC (HCD)

....wn the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......of 2000. Judgment Khademul Islam Chowdhury J.- This appeal at the instance of convicted-appellants Naimuddin alias Md. Naimuddin alias Malua and another is directed against judgment and order of conviction dated 17-9-2000 passed by the Additional Sessions Judge, 2nd Court and Nari-o-Sh...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..

Category: Criminal Law | Date: | Hits: 84

AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)

....……..Petitioner Vs. Secretary, Ministry of Establishment and others………………………..Respondents Judgment April 26, 2007. Cases Referred To- Abdul Bari Sarker vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic ......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ......con­tractual appointment of the petitioner in terms of contract. On the same day at evening, he heard from the national media that his contract service was cancelled. 3. Challenging the aforesaid order, the petitioner preferred this writ petition and obtained the present Rule. 4. Mr. Mani......ny merit in this Rule. In the result the Rule is discharged without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 59 DLR (2007) 312. ..

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