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Mirzaboo Steels Ltd. Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

.... (2007) 141. ......J Mirzaboo Steels Ltd…………….Petitioner Vs. Government of Bangladesh and others......Respondent Judgment December 13, 2006. Result: The Rule is discharged without any order as to costs. Cases Referred to- Bangladesh represented by the Secretary, Ministry of Est..

Category: Civil Law | Date: | Hits: 133

Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)

.... and had not materially affected its ultimate decision on the issue of recount. 15. Sub-rule (4) of rule 37 of the Paurashava (Election) Rules, 1977, in short, the Rules, which was made by the Government empowered by sec­tion 146 of the Paurashava Election Ordinance, 1977 hereinafter referre......gment Md. Abdur Rashid J.- Election petitioner obtained the Rule upon making a revision application under sub-section (4) of section 115 of the Code of Civil Procedure against the judgment and order dated 16-10-05 passed by the Additional District Judge at Sherpur in Civil Revision No. 16 of ..

Category: Election Law | Date: | Hits: 99

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......ucted by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the High Court Division in Writ Petition No.10926 of 2006.) Jud..

Category: Civil Law | Date: | Hits: 78

Md. Monzurul Islam Vs. National Board of Revenue and others, 2009, 38 CLC (AD)

.... Yellow Book value was valid, the High Court Division did not commit any error in discharging the Rule. The petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 211. ......09. Lawyers Involved: Sufia Khatun, Advocate-on-Record- For the Petitioner. Not represented-The Respondents. Civil Petition for Leave to Appeal No. 312 of 2008. (From the judgment and order dated 4.12. 2007 passed by the High Court Division in Writ Petition No. 3112 of 2000). Judg..

Category: Fiscal/Taxation Law | Date: | Hits: 64

Mohammad Mustafizur Rahman, Principal, Matrai Science and Technical College, Joypurhat Vs. N. M. Showkat Habib Talukder, Logic and others, 2007, 36 CLC (AD)

....ge of the respondent not being eligible was rightly denied necessary permission as it is located within 300 yards from Matrai Science and Technical College of the petitioner being in violation of the Government policy. 4. The learned Judges of the High Court Division on due consideration of the m......r the Petitioner. Md. Nawab Ali, Advocate-on-Record-For Respondent No. 1. Not Represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No.294 of 2005. (From the judgment and order dated 9.11.2004 passed by the High Court Division in Writ Petition No.4695 of 2002.) Judgme..

Category: Others | Date: | Hits: 92

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....d Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Mrs. Zinnatul Ara and others...........................Petitioners Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Law, Ju......, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners. Not Represented-the Respondents. Civil Review Petition No. 82 of 2009. (From the Judgment and order dated 29.04.2009 passed by this Division in Civil Petition for Leave to Appeal No. 524 of 2009..

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....process the petitioner obtained a trade licence from the Dhaka City Corporation (Annexure-'F'), got itself registered with the VAT authority (Annexure 'F(1)', and also obtained a certificate from the Government Bureau of Imports and Exports (Annexure-T(2)', and also in keeping with the requirements ......egistration in favour of the petitioner to allow the petitioner to broadcast, import programmes of STAR channels and to act as a distributor of foreign channels in Bangladesh or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner is a priva..

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

....er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ......rty No. 1. Civil Revision No. 3107 of 2003. Judgment Moyeenul Islam Chowdhury J.- This Rule was issued calling upon the opposite party No. 1 to show cause as to why the impugned judgment and order dated 29-5-2003 passed by the Joint District Judge, 1st Court, Tangail in Miscel­laneous Appe..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ......r the same but with no effect. He lastly submits that the trial Court after considering the materials on record rightly decreed the suit which calls for no inter­ference by this Court. 12. In order to appreciate the submissions advanced by the learned Counsels for both sides, let us now weig..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

.... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ......ion No. 4398 of 2002 Judgment MA Rashid J.- The pre-emptors obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and order dated 8-7-2002 passed by Joint District Judge, Court No. 1 at Munshiganj in Miscellaneous Appe..

Category: Property Law | Date: | Hits: 27

Fazlul Hoque Patwary (Md) & others Vs. Md. Rezaul Hoque Patwary & others, 2006, 35 CLC (HCD)

....Court, Lalmonirhat is hereby set aside and the petition filed under Order XXXIX, rule 1 of the Code of Civil Procedure is rejected. Ed. This Case is also Reported in: 59 DLR (2007) 115. ......or the Respondents. First Miscellaneous Appeal No. 61 of 2005. Judgment Md. Arayesuddin J.- This Miscellaneous Appeal has been preferred by the defendant against the judgment and order dated 16-2-2005 passed by the learned Joint District Judge, 2nd Court, Lalmonirhat in Other Su..

Category: Property Law | Date: | Hits: 46

Abul Bashar Sowdagar and others Vs. Bacha Meah & others, 2006, 35 CLC (HCD)

....ants of Sailakupa Mouza and have cultivable lands at Sailakupa. There are about 336.52 acres of cultivable lands in Sailakupa which is a low-lying area. At the request of the people of this area, the Government allowed construction of a dam across the Balukali khal at Sailakupa by taking up a scheme......he provisions of section 91 of the Local Government Ordinance, 1976 were not complied with prior to the institution of the suit. The fate of this Rule hinges on maintainability of the suit. In order to address this point, let us have a glimpse over section 91 of the Local Government Ordinance..

Category: Property Law | Date: | Hits: 25

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

....nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ......he State. Criminal Appeal No. 1245 of 1994. Judgment Md. Anwaral Haque J.- This Appeal under section 30 of the Special Powers Act, 1974 (Act XIV of 1974) is directed against the judgment and order dated 12-7-94 passed by the learned Judge of the Special Tribunal & Assistant Sessions Jud..

Category: Criminal Law | Date: | Hits: 35

Faruq (Md) Vs. State, 2006, 35 CLC (HCD)

....at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ...... Criminal Appeal No. 3722 of 2004. Judgment Md. Ashfaqul Islam J.- This criminal appeal at the instance of the accused-appellant Md. Faruq has been preferred against the judgment and order of conviction and sentence dated 26-8-2004 passed by the judge of the Metropolitan Special Tri..

Category: Criminal Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....thers 7 DLR 94; Abdul Kader Rari and others vs Kaiser Ahmed Howlader 3 MLR 227 = 4 BLC 17; Parkash Chand vs Hans Raj, AIR 1994 HP 144; Santosh Kumar Chakraborty vs MA Motaleb Hossain 36 DLR (AD) 248; Government of Bangladesh represented by the Additional Deputy Commissioner (Rev) vs Abdul Hoque Khan...... denies it. Moreover, it is reasonable and just that the suitor who relies upon the existence of a fact, should be called upon to prove his own case. The party on whom the onus of proof lies must, in order to succeed, establish a prima facie case. He cannot on failure to do so, take advantage of the..

Category: Property Law | Date: | Hits: 49

State Vs. Md. Roushan Mondal @ Hashem , 2006, 35 CLC (HCD)

....d the sentencing options available in respect of children; to entrench the notion of restorative justice in respect of children; and to provide for matters incidental thereto." Although the Indian Government already had the Juvenile Justice Act, 1986 in force, a new legislation was passed after t......ce of death imposed upon accused Md. Roushan Mondal @ Hashem upon finding him guilty under section 6(2) of the Nari-o-Shishu Nirjatan Daman (Bishesh Bidhan) Ain, 1995, ("the Ain") by the judgment and order dated 13-1-2004 passed by him sitting as the Nari-o-Shishu Nirjatan Daman Bishesh Adalat and A..

Category: Criminal Law | Date: | Hits: 167

Anhar Ahamed Chowdhury and another Vs. Md. Shamsuzzaman and others, 2006, 35 CLC (HCD)

....eedings of Title Execution Case No. 3 of 2003 granted earlier is recalled and stands vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 66. ...... execute and deliver the said sale deed, which defendant Nos. 1 and 2 were contractually bound and legally obliged to do. Moreover, they proceeded to mortgage the said apartment to defendant No. 3 in order to obtain a loan which is mala fide and fraudulent act of them. Hence the suit. 4. The defe..

Category: Business or Commercial Law | Date: | Hits: 208

Abul Kalam Vs. State, 2005, 34 CLC (HCD)

....ession Case No. 108 of 1988 is hereby maintained. Send down the lower Court records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 61. ......-General—For the Respondent-State. Criminal Appeal No. 422 of 1989. Judgment SM Ziaul Karim J.- By this appeal convict appellant Abul Kalam has challenged the propriety of the judgment and order dated 20-8-1989 passed by the Additional Sessions Judge, Jessore in Session Case No. 108 of 19..

Category: Criminal Law | Date: | Hits: 40

SM Hasan Faruqi and others Vs. Controller of Examination, National University, and others, 2005, 34 CLC (HCD)

....ure C) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The short facts of the petitioner's case are, that they were regular students of Patuakhali Government College, who appeared for Honours examination from the Department of Management in the ex......f 2003. Judgment ATM Fazle Kabir J.- This Rule Nisi was issued at the instance of the petitioners SM Hasan Faruqi and 8 others calling upon the respondents to show cause as to why the impugned order of respondent No. 1 under স্বক্ষর নং-জাতি: বি: পরী:/অন..

Category: Others | Date: | Hits: 72

Siddiqur Rahman Vs. Chairman, Divisional Labour Court and others, 2006, 35 CLC (HCD)

....cement of the hearing of the case on 17-8-1998. 14. In this context we would like to refer to section 35 of the Industrial Relations Ordinance, 1969 which reads as follows: 35. (1) The Government may, by notification in the Official Gazette, establish as many Labour Courts as it consi......ition No. 667 of 2001 Judgment Md. Muzammel Hossain J.- This Rule Nisi was issued at the instance of the petitioner calling upon the respondents to show cause as to why the decision and order of the Chairman of the Labour Court, Khulna passed in Case No, C9 of 1997 (Annexure-A) should ..

Category: Labour and Industrial Law | Date: | Hits: 108