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Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....shem Vs. State, 48 DLR (AD) 87; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44=2 BLC (AD) 16; Nasiruddin Mahmud Vs. Momtaz-uddin Ahmed, 36 DLR (AD) 14; Emperor Vs. Khawaja Nazir Ahmad, AIR (32) 1945 Privy Council 18; Shaheda Khatun Vs. Administrative A......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦.......................................Respondents Judgment October 26, 2010. Cases Referred To- Supreme Court Advocates-on-Record Associa­tion Vs. Union of India with SP Gupta Vs. Union of India, AIR 1994 Supreme Court 268; Malik Asad Ali Vs. Federation of..

Category: Constitutional Law | Date: | Hits: 228

Bangladesh Vs. Md. Ataur Rahman and others, 2011, 40 CLC (AD)

....il, 2011 and thereafter the respondent shall file the same within 17th April, 2011. The appeal is fixed for hearing on 26th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 415. ...... thereof is all the more necessary with an eye to uphold in their rank, priori­ty and status in public perception and that the impugned Warrant of Precedence is fundamentally different from those of India, Pakistan and USA. 8. It is contended on behalf of the petition­er that claiming precedenc..

Category: Constitutional Law | Date: | Hits: 441

Md. Nurul Hussain Vs. Bangladesh Muktijoddhya Kallayan Trust, represented by its Chairman, 88, Motijheel Commercial Area, P.S. Motijheel, Dhaka and others, 2011, 40 CLC (AD)

....ral and documentary, and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 410. ......uated at 4, Hatkhola, Dhaka, (2) Hardeo Das-Gonesh Narayan, Bahawgabanjoy, Narayanganj, (3) Hardeo Glass Works, Tikatoly, Dhaka, (4) Hardeo Das-Ganesh Narayan, Chittagong. As the said owners left for India during the Indo Pak War of 1965, Government of Pakistan declared all the properties and busine..

Category: Property Law | Date: | Hits: 82

lqbal Ahmed Quraishi Vs. Bangladesh represented by the Secretary, Ministry of Works, Government of the People's Republic of Bangladesh, Dhaka, 1991, 20 CLC (HCD)

....ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 416. ......d not be declared to have been made without lawful authority and to be of no legal effect. 2. The case of the petitioners as follows: That heirs a Bangladeshi citizen who after the partition of India migrated from Gazipur, India to the then East Pakistan now Bangladesh on 25.9.49 for permanent..

Category: Property Law | Date: | Hits: 86

Muhammadullah and others Vs. Makbul Ahmed and State, 1991, 20 CLC (HCD)

....ugned proceeding of the Petition Case No.345 A‑1/89 pending in the Court of Chief Metropolitan Magistrate, Dhaka is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 107. ......ivery of the said share. In that view of the matter, in my opinion, this application is misconceived and must fail." 7. In that case an application under section 113 of the Companies Act, 1956 (of India) was made for directing the Company to deliver the share certificates to the petitioners who p..

Category: Criminal Law | Date: | Hits: 89

Akhtar Hossain alias, Babul Akhtar alias, Akhtar Ali and another Vs. The State, 1991, 20 CLC (HCD)

....Siddiq Vs. Crown, 6 DLR (FC) 56; Ali Sher Vs. State, 18 DLR (WP) 112; Muslimuddin and others Vs. State, 38 DLR (AD) 311; Zaheda Begum and another Vs. State, BLD 1985 (HCD) 9; Nazir Ahmed Vs. The King Emperor, AIR 1933 (PC) 253; Habibur Rahman alias Habib Vs. The State, BCR 1986(HCD) 278; Rustom Ali ......ding to the lodging of the FIR is that on 20th March, 1987 one Abdus Sattar informed the police at Damurhuda Police Station that Shahida, the wife of his cousin Khalilur Rahman was scheduled to go to India to bring her son and was to return home within 5/6 days and her husband Khalilur Rahman was un..

Category: Criminal Law | Date: | Hits: 110

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....e Civil Petition which does not merit our consideration. Accordingly, this review petition is dismissed. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 185, 16 MLR (AD) (2011) 457. ......missions which already received our due notice in the judgment sought to be reviewed.” 19. Further the expression “error in the face of the record” has also been eloquently discussed by the Indian Supreme Court in the case of M/s. Thungabhadra Industries Ltd. Vs. The Government of Andra Pr..

Category: Civil Law | Date: | Hits: 238

Fazlul Karim Vs. Agrani Bank, 1991, 20 CLC (HCD)

....he Agrani Bank was illegal, void and inoperative and that he remained in service in that post at the date of institution of the suit. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 375. ...... and ors…………………….Respondents Judgment November 3, 1991. Cases Referred To- Manager, Personnel Division Vs. Md. Sozahan Miah & others, 35 DLR 224; High Commissioner for India and another Vs. IM Lall, AIR 1948 Privy Council, 121; 52 CWN 761 (PC); Yusaf Ali Khan Vs. The ..

Category: Employment/Service Law | Date: | Hits: 71

President, Coronation Hall Committee and Deputy Commissioner, Khulna Vs. Executive Committee, Khulna & others, 2011, 40 CLC (HCD)

....ourt Records along with the copies of the judgment to the court below. Communicate the order at once. MA Hye J.-I agree This Case is also Reported in: 63 DLR (2011) 666. ......rising C.S. Plot No.45/117, corresponding to S.A. Plot No.169, we find that these evidences clearly prove that .28 acres of land in the C.S. Khatian has been recorded in the name of the Government of India (ভারত সম্রাট) represented by its Public Works Department as the owner and ..

Category: Property Law | Date: | Hits: 89

Law Dev (Bangladesh) Vs. Bangladesh and another, 2011, 40 CLC (HCD)

....on as the case involves a substantial question of law as to the interpretation of the Constitution. The certificate as prayed for is granted. Ed. This Case is also Reported in: 63 DLR (2011) 626....... the same report. The case of the Guru Gobinda Basu Vs. Sankari Proshad Ghosal, reported in AIR 1964 (SC) 254 was also considered. In those decisions, the point as to the service of the Government of India was argued and it was held that the deci­sive tests in the matter of appointment in the servi..

Category: Employment/Service Law | Date: | Hits: 92

Shaikh Sharnsuddin Ahmed Vs. Nazmul Huda and others, 1993, 22 CLC (HCD)

....1.85 in accordance with law, in the light of the observations made above and in compliance with the direction of the appellate Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 369. ......s not written that Jagannath Banerjee represented through his attorney Nazmul Huda. "On 31.12.87, however Nazmul Huda submitted a death certificate showing that Jagannath Banerjee died on 16.11.83 in India. Ultimately the matter came up for decision before the trial Court which on hearing all concer..

Category: Procedural Law | Date: | Hits: 77

Dr. Syed Mahbubur Rahman Vs. Bangladesh University of Engineering and Techno­logy, 1991, 20 CLC (HCD)

....ind no illegality whatsoever in impugned orders and on the grounds stated above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 333. ...... and another, AIR 1955 Pat. 131; Kali Prosanna Roy Chowdhury Vs. State of West Bengal, 56 CWN 492; Shanton Vs. Smith, 1895 AC 229; Gould Vs. Staurt, 1896 AC 575; Venkot Rao Vs. Secretary of State for India, 64 IA 55; Mian Mohammad Hyat Vs. Province of West Pakistan, PLD 1964(SC) 321 = 16 DLR (SC) 25..

Category: Employment/Service Law | Date: | Hits: 155

Syed Mokbul Hossain Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....t should not be lightly interfered with. In the facts and circumstances of the case, there will, however, be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 39. ......rt authority has, in fact, misused their authority revoking the passport of the petitioner and that Articles 27, 32 and 36 of our Constitution are identical with that of Articles 14, 19 and 21 of the Indian Constitution and that of Articles 4,9 and 15 of the Pakistan Constitution. 23. Mr. Aminul ..

Category: Constitutional Law | Date: | Hits: 288

Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)

....nd others…………………………………..Petitioners Vs. State and another……………………………….opposite parties Judgment August 5, 1990. Cases referred to- Emperor Vs. Maunga Ba Thon, 32 CrLJ, 950; Abdus Salam Master Vs. The State,36 DLR (AD) 58. Lawyer...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..

Category: Criminal Law | Date: | Hits: 78

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

....ompliance to the Court of Subordinate Judge concerned within 16 days of the receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 22. ......rying on jute business in the suit premises under the name and style “M/s. Huq Company” and he was a tenant under the original owners of the said jute godown which owners subsequently migrated to India after the Indo‑Pak War in 1965 and the property became an enemy property and thereafter it v..

Category: Property Law | Date: | Hits: 389

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ......gladesh represented by the Secretary, Ministry of Home Affairs and another………………Respondents (In both the Writ Petitions). Judgment August 27, 1991. Cases Referred To- Union of India and others Vs. Haji Mastan Mirza, AIR 1984 (SC) 681; Moazzem Hossain Chowdhury Vs. Bangladesh ..

Category: Criminal Law | Date: | Hits: 88

Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)

..../- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......onrealization of dowry, on 4.5.1994 informant’s mother paid a visit to the house of her daughter Hazirun but she did not find her on search. On quarry, accused Aziz informed of Hazirun’s going to India to fetch his former wife namely Baraburi. On that reply, the informant’s mother did not susp..

Category: Criminal Law | Date: | Hits: 67

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ......f 2010) Judgment July 11, 2010. Cases Referred To- Subbarayudu Vs. the State (1955) ALT 53 (FB); Suneeta Aggarwal Vs. State of Haryana and others, (2000) 2 SCC 615, Shankaran Vs. Union of India, (1991) 3 SCC 47; Haryana Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. S..

Category: Constitutional Law | Date: | Hits: 247

Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)

.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......r filed Partition Suit No.64 of 1986 in the Court of the Subordinate Judge, First Court, Manikgonj claiming a share therein stating that Monoj Kumar Sarker, a co-sharer in the suit land, has left for India and his share has become enemy property and the property requires partition. 3. Motish Chan..

Category: Property Law | Date: | Hits: 68