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Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)

....nt power and in regard to the High Court Division acting as the Court of criminal justice that nothing in the Criminal procedure Code does so limit or affects its inherent power. 17. It is to be remembered that the Courts exist not only for securing obedience's to the law of land but also for sec...... whole proceeding before the tribunal was without jurisdiction. 29. The scope of exercising jurisdiction under section 561A of the code of criminal Procedure was dealt with by the supreme Court of Pakistan in the case of Golam Mohammad Vs. Muzammal khan and 4 others PLD 1967 SC 317 Hamoodur Rahma......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediate­ly. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..

Category: Criminal Law | Date: | Hits: 99

Bangladesh Film Development Corporation Vs. Chairman, 1st Labour Court, Dhaka and others, 1996, 25 CLC (HCD)

....Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ......twenty‑two days after her joining the service, even then there was no extension order approved by the authority. In support of his argument he has referred us to the decisions reported in 1968 PLC (Pakistan Labour Case) 183, 1968 PLC 281 and 1968 PLC 355. Relying on the decision held in 1968 PLC 1......Court, in complaint Case No.450 of 1993. Stay Order granted earlier by this Court is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 265

Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)

....been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ......cial order, when he is himself engaged in setting that judicial order at naught." 9. In the case of Khalid Saigol Vs. The State reported in 14 DLR (SC) 321, their Lordships of the Supreme Court of Pakistan quoted with approval the principle as laid down in the case of Chan Shah. 10. From the f......been stated above, the Rule is discharged. The Court below is directed to deal with the fugitive petitioner in accordance with law. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 80. ..

Category: Criminal Law | Date: | Hits: 99

Editor, Bangladesh Observer, Dhaka & another Vs. Member, Labour Appellate Tribunal and others, 1998, 27 CLC (HCD)

....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ......ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 606. ..

Category: Labour and Industrial Law | Date: | Hits: 215

Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)

.... is contended on behalf of Respondent No.2 and 3 that the decision of Review Panel bears two signatures only, though Regulation 52 (3) provides for Constitution of the Review Panel with minimum three members and as such the decision is not valid in law. 33. As per Regulation 52 (3) a Review Panel......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..

Category: Others | Date: | Hits: 127

Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)

....ervice holder. Under the Deed of Trust and Rules of Bangladesh Red Crescent Society Employees Provident Fund "Family" defines under Rules 2 Sub-Rule(h) as: (h) "Family" means in the case of family member, his wife and legitimate children and in the case of female member, herhusband and legitimate......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..

Category: Civil Law | Date: | Hits: 136

Sohel Monir Vs. State, 1996, 25 CLC (HCD)

....in. He denied the defence suggestion that he arrested appellant Sohel Monir at the instance of his colleagues who were inimical with him. He stated that he does not know if appellant Sohel Monir is a member of Biman Service Union No.1977 or that there was a rival Biman Sramik Union No.1308 or there ...... each. Total 160 gold bars of 10 tolas each. Total 160 gold bars of 1600 tolas were found and those were seized, Ext.5 series and 4/4 is his signature. He stated that he seized from the passenger his Pakistani passport No.G‑466541 material Ext.1, Air tickets No.29974201534084‑0 material Ext.11, ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..

Category: Criminal Law | Date: | Hits: 100

State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)

....rote it down. He also denied the suggestion that the true story about the murder of Safer and Rashid has been suppressed and a false case has been started. He also stated that he was one of the three members of the Board which held post‑mortem examination on the two dead bodies. During further cro......name as Emdad while the one apprehended by the deponent and others said that his name was Kamal. The weapon which was recovered from the possession of Kamal there was a writing on the barrel "made in Pakistan", that the revolver was loaded with 4 live cartridges and the empty case of another cartrid......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..

Category: Criminal Law | Date: | Hits: 131

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....bur Rahman situated at No.677 of, Road No.32, Dhanmondi Residential Area. In the First Information Report he gave a detailed description of the occurrence as to how the then President, his wife, some members of his family and some officials on duty were killed by the army personnel in the early hour......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......bility and not at all worthy of consideration by any Court. 19. Next comes the 161 statements made by Air Vice Marshal (Retired) A.K. Khandker, Major General (Retired) Safiullah, the then Chief of Army Staff and Major General (Retired) Khalilur Rahman. Air Vice Marshal (Retired). A.K. Khandker in..

Category: Criminal Law | Date: | Hits: 107

State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)

....thereafter she left the house of P.W.2 Ayesha Begum for his village Portashi. In her cross-examination she stated that khokon Talukder who has his house by south-east border of the Girl's school is a member of their family who used to live in the same house at village-Portashi. She stated that she d......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ..

Category: Criminal Law | Date: | Hits: 94

Md. Nazrul Islam Mollah alias Nazrul Islam Mollah Vs. State and anoth­er, 2009, 38 CLC (HCD)

....n it gave rise to concoction as to the intention of the accused-petitioner to deceive the informant. Thereafter, the informant came to know that the accused-petitioner was a fraud and terrorist and a member of a gang of forgery and he would expose himself sometimes as a Doctorate Degree holder and s......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ......scharged. Stay granted earlier by this Court at the time of issuance of the Rule is hereby vacated. Md. Abdus Samad J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 103. ..

Category: Criminal Law | Date: | Hits: 108

Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)

.... In that regard, it has to be accepted as a given that notwith­standing the term "oppression" being one understood to be the oppression of the mem­bers of a company, the vary fact of such oppressed members being also directors of a company cannot be readily accepted as a dis­qualifying circumstan......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ......der inform the Respondent No.10, Registrar of the same and send him a certified copy of the same. 17. There is no order as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 265. ..

Category: Company Law | Date: | Hits: 177

Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)

....e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ......e set at liberty forth­with if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..

Category: Criminal Law | Date: | Hits: 108

Jahangir Alam Vs. State, 2004, 33 CLC (HCD)

....s brother then cried out and the accused persons fled away. The neighboring people came forward and rescued his brother in his critical condition. On getting information they (the informant and other members of the family) rushed to the place of occurrence and took his brother to the Gazipur Sadar H......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ......y upheld. Send down the Lower Courts' Records with a copy of this Judgment to the concerned Tribunal for necessary action at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 191. ..

Category: Criminal Law | Date: | Hits: 103

S.N. Kabir Vs. Mrs. Fatema Begum, 2010, 39 CLC (HCD)

.... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ......ows: "The preamble, though a part of the Constitution is neither a source of power nor a limitation upon that of the ideologi­cal aspirations of the peoples."......... 14. The Supreme Court of Pakistan in the case of Md. Ismail Vs. The State observed in paragraph 15 of the report [21 DLR (SC)...... In the result, the appeal is dismissed without order as to costs. Send down the lower Court records. M. Enayetur Rahim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 310. ..

Category: Property Law | Date: | Hits: 134

People's Republic of Bangladesh Vs. Chairman, Court of Settle­ment and others, 1996, 25 CLC (HCD)

....on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ......out lawful authority. 2. The case of the petitioner, in brief, is that, the case holding was leased out on 28‑1‑1960 to one Sadrul Haque, son of late Abdul Gafur by the then Government of East Pakistan subject to the terms and conditions laid down in the lease deed and the lessee constructed ......on has no merit and the Rule is liable to be discharged. In the result, the Rule is discharged. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 560. ..

Category: Property Law | Date: | Hits: 113

Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)

....S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......S. Case No.10(10)96 this accused‑petitioner Jobaida Rashid be enlarged on bail to the satisfaction of the Deputy Commissioner, Dhaka. Ed. This case is also Reported in:49 DLR (HD) (1997) 229. ......s Sessions Case No.319 of 1997 accused‑petitioner Mrs. Jobaida Rashid should not be enlarged on bail. 2. The short fact leading to this Rule is that, this petitioner who is the wife of a retired Army Officer has been residing at her residence at House No.7, Road No.55, Gulshan, Dhaka along with..

Category: Criminal Law | Date: | Hits: 82

Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)

....fendant-appellant, has raised only one point. He submits that the plaintiff being neither a Government servant nor an employee of a Local Council as defined in the Basic Democracies Order, 1959 nor a member of a definite cadre recognised by any statute he stands in the position of servant in relatio......rticles 44 and 45 provide for appoint­ment of Local Councils’ Servants. Accor­dingly, the local councils employed various employees. Their terms and conditions of service are governed by the East Pakistan Local Councils Service Rules, 1968 which were framed on 31.12.1968. It was clearly provided......udge are set aside and the plain­tiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ..

Category: Employment/Service Law | Date: | Hits: 120

State Vs. Golam Sarwar Hossain Mollah (Absconding), 2011, 40 CLC (HCD)

.... in view of complaint in the U.D. Case he went to the place of occurrence at 1 .00 a.m. at night to see the collapsi­ble gate of the place of occurrence house closed. He called nearby people and the member of the Union Parishad and after breaking the lock of the collapsible gate they entered into t......e trial court is hereby upheld and 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: 16 MLR (HCD) (2011) 440. ......e trial court is hereby upheld and 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: 16 MLR (HCD) (2011) 440. ..

Category: Criminal Law | Date: | Hits: 97

Cathay Pacific Airways Limited Vs. Vantage International Limited, 2009, 38 CLC (HCD)

....opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ...........Respondents Judgment December 17, 2009. Result: The Rule is disposed of with directions. Cases Referred to- Agrani Bank Vs. Bangladesh Tyres, 43 DLR (AD) 164; National Batik of Pakistan Vs. The Punjab National Silk Mills Ltd, PLD 1969 Lahore 194; BSRS Vs. Mis Ashraf Jute Mills......opy of this order be for­warded to the Registrar of Joint Stock Companies and Firms, Dhaka for his record. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 421; 30 BLD (HCD) (2010) 589. ..

Category: Company Law | Date: | Hits: 164