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Md. Abdul Bari and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
.... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......ative Society Limited Vs. Bangladesh, 1981 BLD (AD) 103; Hazerullah Vs. Assistant Commissioner, Board of Management of Abandoned Property, 55 DLR (AD) 15; Yunus Mia Vs. Secretary, Ministry of Public Works & Urban Development, 45 DLR 498; State of Karnataka Vs. Umadevi (3), (2006) 4 SCC 1; Chief ...... The Rule, therefore, fails. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 27; 30 BLD (HCD) (2010) 465. ......dian of the Lewisham Union reported in (1897) 1 QB 498. it was held : “This Court would be far exceeding its proper functions if it were to assume jurisdiction to enforce performance by public bodies of all their statutory duties without requiring clear evidence that a person who sought its i..Category: Employment/Service Law | Date: | Hits: 145
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
.... can be safely held that Judges can taken Judicial notice of the then prevailing situation of the State, under which series of cases were initiated against the politicians, persons of high profile, businessman and other classes of people of this country during the regime of Army backed so-called C......D) 147; Ali Akkas Vs. Enayet Hossain,17 BLD (AD) 44=2 BLC (AD) 116; Manindra Nath Vs. Rajendra AIR 1992 (SC) 1815; 7 BCR (AD) 179; Golam Sarwar Hiru Vs. State, 13 MLR (AD) 103; Gokul Chand Dwarkadas Moraka Vs. King, AIR 1948 (PC) 82; Abdul Hakim Vs. State, 45 DLR 352; Syed Mustafizur Rahman Vs. Stat......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....ilty. 4. From the trend of cross-examination and from the plea taken under section 342, the defence case appears to be that the appellant No.1 is a registered pharmacist and druggist carrying on business of purchasing, selling and stocking medicine for the last 15 years having valid license. Th......der and the State.........Respondents Judgment January 11, 1989. Result: The appeal is allowed. Lawyers Involved: N.H. Khondakar, Syed A.B. Mahmudul Huq and J.H. Afric, Advocates - For the Appellants. S.B. Barua, Advocate - For the State. Criminal Appeal No.164 of 1988. Ju......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....”. 25. Article 40 is as follows: “40. Subject to any restrictions imposed by law, every citizen possessing such qualifications, if any, as may be law in relation to his profession, trade or business shall have the right to enter upon any lawful profession or occupation to conduct any lawfu......st 28, 1997. Result: The Rules are made absolute-in-part. Cases Referred to- United States of America Vs. Iska W Carmack, 329 US 230-248 (91 Law Edition) of United States Supreme Court Report page 209; Dr. Mohiuddin Farooque Vs. Bangladesh and others, 1995 49 DLR (AD) 1 = 1997 BLD (AD) 1......y to be displaced is a requirement of law. 47. In reply, it is contended from the side of the respondents that an important and considerable provisions in the name of mitigation measure has been incorporated in ‘FAP-20’ to mitigate the needs and sufferings of all people affected by the execut......re and more embankments or they would agree to the proposal of the Government for dredging the rivers. The Minister further said the Government considers dredging of rivers and re-excavation of water bodies as the ultimate solution of flooding and the Prime Minister herself is trying to make the fun..Category: Environmental Law | Date: | Hits: 1051
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....ler; that the defendant No.2 is not a sub-tenant. He is also a full brother of defendant No.1 as well as of the plaintiff landlord. The defendant Nos.1 and 2 are members of a joint family running the business jointly in the suit premises. That the plaintiff landlord does not require the suit premise......……………………Opposite Parties Judgment August 6, 1997. Result: The Rule is discharged. Lawyers Involved: Khondker Mahbubuddin Ahmed with Anowarul Azim Khair, Advocates - For the Petitioner. Md. Azizul Hoque, Advocate - For the Opposite Party Nos. 1-2. Civil Revisio......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ..Category: Property Law | Date: | Hits: 64
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......opment Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General-For the Opposite Party. Ci......defined in the Code of Civil Procedure or in the Arbitration Act. Now what is the purpose of the surety. We have considered the amended provision and we are of the view that this provision has been incorporated in the Act for making sure the payment in case of success of the plaintiff. The provision......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
.... Ganguli, Benodeb Ganguli and Ranjt Kumar Ganguli who became owners in that 8 anna share. The defendant was a tenant in the suit premises under the sons of Harendra Chandra Ganguli having a tailoring business therein. The defendant did not take any lease of the suit premises from Nibaran Chandra or ...... The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi and others reported in 35 DLR (AD) 310. Lawyers Involved: Amir Hossain, Advocate‑For the Petitioner. AK......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....h his agent S.A. Kashem to the Commission. Being directed by the Commission, vide memo dated 17.06.2007, the Deputy Director inquired into the statement. During inquiry, he found that the name of the business centre of appellant No.1 was 'Khanjahan Ali Paribahan'. In the statement of assets appellan......CD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....and for the use of the people assembling the cattle market. The learned Subordinate Judge argued that admittedly the cattle market exists since the century and admittedly the plaintiff No.1 had the business centre and being resident of Kazir bazar vitally interested in the matter and the other pla......Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Akhlaqur Rahman, Mahmud Hussain, Abdul Karim Chowdhury and Md. Shahjahan Biswas, Advocates - For the Appellants. J.N. Deb. with M.A. Matin Advocates - For the Respondents. Second Appeal No......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......s say their prayers in the mosque. Since the lime of their predecessors they used the water of the suit reservoir in the aforesaid manner peaceably, uninterruptedly, openly as of right, without any bodies' permission over the statutory period of limitation since the ancient time without any hindra..Category: Property Law | Date: | Hits: 58
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......DLR (SC) 209; Saleh Uddin Khan Vs. Bangladesh and others, 34 DLR 120; Bangladesh Vs. Md. Afzal and others, 40 DLR (A.D) 154. Lawyers Involved: Abdur Rab Chowdhury with Salma Ali, Advocates - For the Petitioner. A.F. Hassan Ariff, Deputy Attorney-General - For the Respondent No.1. Writ ...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...Category: Civil Law | Date: | Hits: 87
Kabir and others Vs. State, 1991, 20 CLC (HCD)
....inform the neighbouring others and then the witnesses came and heard about the occurrence. She stated in her cross‑examination that her husband namely Abut Khair who lives abroad had a brickfield business with one Ahmadullah who looked after the said business. She has not stated anything about t......al Vs. State, 11 DLR (WP) 58; State Vs. Abdur Rahim Sikder, 10 DLR 61; Rahim Baksh Vs. Crown, 4 DLR (SC) 53; Monowar Ahmed Vs. State, 8 DLR (SC) 157. Lawyers Involved: Md. Ismail, Advocate ‑ For the Appellants. AKM Shamsul Karim, Assistant Attorney General with Md. Hefzul Bari, Advocate ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..Category: Criminal Law | Date: | Hits: 76
....adesh and the local representative of Singapore Tobacco Co. (Pvt.) Ltd. The detenu P.R. Cunningham, a citizen of the United Kingdom is the Marketing Director of the said Company which has extensive business throughout South and South East Asia. He also holds directorships in a number of companies .........Opposite Parties
Judgment
August 28, 1988.
Result:
The Rule is made absolute.
Cases Referred to-
Abdul Latif Mirza, 31 DLR (AD) 1; Malik Gholam Gilani, 19 DLR (SC) 403; Begum Shorish Kashmiri, 21 DLR (SC) 1; Mir Abdul Baqui Baloch, 20 DLR (SC) 249 (257); Ram Bali Rajbhar Vs.......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 160.
......w is to be understood in its general communication to include authoritative judicial principle laid down by superior courts. We may for the sake of comprehensiveness and clarity say that the phrase embodies the cardinal principles of due process as understood in the American Constitution. Consid..
Category: Criminal Law | Date: | Hits: 108
Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)
.... of Bangladesh; that the detenu Yunus Ali Mintu comes of a respectable Muslim family of the Pabna District and he is an educated and pious man. He has wife and also children; that the detenu has some business rivals at whose instance a false case was started under section 156 (89) Customs Act read w......(Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Muhammad Ansar Ali J Chunnu Chowdhury........................Petitioner Vs. The District Magistrate & ors.....................Respondents Judgment January 10, 1989. Result: The Rule is made......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ..Category: Criminal Law | Date: | Hits: 60
Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)
....llate Court but should be returned to the appellant. When a prisoner in jail applies through the Superintendent of Jail for a copy of the judgment in order to prefer an appeal, it is superintendent's business to procure and forward a copy applied for and to arrange that this should be done, The Dist......titioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No. 1483 of 1992 with 1449, 2230, 2098, 1696, 1302,......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......ctions 480 and 485 of the Code lies under sub-section (1) of section 486 of the Code even where the fine imposed does not exceed Taka fifty, the limits prescribed in the said section. Section 414 embodies another exception to a right of appeal. This section takes way a right of appeal in cases tri..Category: Criminal Law | Date: | Hits: 73
Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ........................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Huda and others,......amrul Huda and others, 31 DLR (AD) 234 a dismissed worker challenged the order of dismissal in writ jurisdiction. The Appellate Division set aside the decision of High Court Division on the view that corporate character of the company with the relationship of master and servant was retained even aft......the case of BSIC Vs. Mahbub Hossain by our apex Court in our view are still shining the path as the polestar to adjudication of the issues regarding terms and conditions of the employees of statutory bodies in midst of various laws prescribing a variety of remedies. The moment we shall take our sigh..Category: Employment/Service Law | Date: | Hits: 174
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruque Vs. Bangladesh, 49 DLR (AD) 1; ETV Ltd., 54 DLR (AD) 130, Professor Golam Azam Vs. Bangladesh, 45 DLR 423, Ram Chandra Sankar Deodhar Vs. State of Maharashtra, 1974 ......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......the vast magnitude of Muslim population of Bangladesh including the petitioner is thereby aggrieved. In this regard, he points out that apart from the fact that many Muslim and Hindu names of various bodies and educational institutions in India (being a secular state) have not been changed and even ..Category: Civil Law | Date: | Hits: 63
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....egal effect and/or pass such other or further order or orders as to this court may seem fit and proper. 2. In the writ petition it has been stated, inter alia, that the petitioner in course of his business opened letter of credit No.1945‑3‑1‑1838 dated 17-11‑2003 for US$ 9000 through Ex......tioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- A Hannan Vs. Collector of Customs, Customs House, Chittagong and others, 40 DLR 273; Collector of Customs, Customs House......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......………………………………..Respondents (In Civil Petition No. 1428 of 2011) Order July 28, 2011. Result: The petition is disposed of. Lawyers Involved: Dr. M. Zahir, Senior Advocate, instructed by Md. Shamsul Alam, Advocate-on-Record-For the Petitioner (In Civil Petitio......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...Category: Civil Law | Date: | Hits: 59
Pulin Mahajan Vs. State, 2011, 40 CLC (AD)
....the neck of the victim when the appellant inflicted the dagger blows on the chest of the victim. It is the prosecution which will decide which of the witnesses it will rely upon and it is none of the business of the accused to examine any witness to prove his innocence. An accused's statement under......hajan………Appellant Vs. The State…………… Respondent Judgment January 12, 2011. Result: The appeal is allowed. Lawyers Involved: A.K.M. Shahidul Huq, Advocate on Record - For the Appellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..Category: Criminal Law | Date: | Hits: 81
Shaw Wallace Bangladesh Limited Vs. Tofazzal Hossain, 1997, 26 CLC (HCD)
....ed without lawful authority and is of no legal effect. 2. The facts, as stated in the petition, the petitioner are that Shaw Wallace Bangladesh Limited, is a private Limited Company engaged in the business of shipping agents, characters, etc. The respondent No.1 was an employee of the petitioner ......1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ....... In view of the above, the Rule is made absolute without any order as to costs. The impugned Judgment dated 20-5-95 is set aside. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 22. ..Category: Labour and Industrial Law | Date: | Hits: 255
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