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Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......thority of the court has to be stricter than in a case of punitive trial." 15. The above view is in inconformity with the view taken in the case of Malik Golam Jilani Vs. The Government of West Pakistan reported in 19 DLR (SC) 403 where Cornelius CJ spoke for the court in the following languag......The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603...

Category: Criminal Law | Date: | Hits: 156

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....d guilty of the charge of professional and other misconduct and they were reprimanded with strong warnings for future to act carefully and conscientiously in their dealings with their clients and the members of the public. Being aggrieved by this Judgment, only Mr. SA Alim, the Advocate and Presiden......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ......ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ..

Category: Others | Date: | Hits: 139

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94.......aintainability of this writ petition. For the above discussion, this application is rejected summarily without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 94...

Category: Property Law | Date: | Hits: 95

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......d in that behalf by Order IX or makes such other order as it thinks fit. 11. With regard to the implications of the provisions of Order IX, rules 6 and 8 and Order XVII, rule, the Supreme Court of Pakistan stated in the case of Muhammad Swaleh & another Vs. Messrs United Grain & Fodder Ag......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..

Category: Procedural Law | Date: | Hits: 180

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....i.e., within 05.04.1982, as required under section 76 (1) of the Companies Act. The Company ought to have held its second annual general meeting at the latest on 05.07.1983, but it failed to do so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with secti......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1.......eptance of any filing. In the result, the Rule is made absolute but without any order as to costs. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 1...

Category: Company Law | Date: | Hits: 306

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......iority list below the names of the respondent Nos.4‑10 filed objections to the Authority between 24.5.86 and 29.5.86 with the prayer for fixation of seniority as Assistant Engineer as per the then Pakistan Government's circular and other memos mentioned in the objections. The Authority while made......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...

Category: Employment/Service Law | Date: | Hits: 191

Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....l Code and other laws. Section 5 is followed not by the provisions for appeal, revision, reference or re­view, but among others, by the provisions for trial of criminal cases. This is important to remember. 32. Then comes Part II wherein lie sections 9, 29C and 31(4) - all under the wider headin......r section 349 by the then Sub-divisional Magistrate of Second Class. With a view to paving the way of separating the judicial and executive functions of the Magis­trates in the then province of East Pakistan, now comprising Bangladesh, the then Provincial Assem­bly of East Pakistan on the 11th of ......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

....was held legally without any irregulari­ties for which the election could not be declared as void. 4. In the meantime there was an election to the Parliament in which the petitioner was elected a member of the Parliament on 7.5.86 and the name of the petitioner was published by the Election ComÂ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..

Category: Election Law | Date: | Hits: 252

Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)

.... saults ending in the murder of Sona Miah. The initial common object of the unlawful assembly was to take forcible possession of the land and to cause assault by the use of the weapons carried by the members of the unlawful assembly. When broil ensued accused appellants suddenly inspired by common i......an legally be obtained, in a case of this kind, of any offence which appears from the evidence to have been committed although it was not express­ly charged. As to prejudice, the Supreme Court of Pakistan observed that accused person in cases of this type concentrate their attention more on the ......Khurshed and Sujan their appeal is dismissed and or­der of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..

Category: Criminal Law | Date: | Hits: 128

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....at as soon may be after the commencement of this Act, the Government shall constitute a Board to be called the Board of Land Administration. It shall consist of a Chairman and not more than two other members to be appointed by the Government. The Board shall exercise such powers and perform such fun...... Additional Deputy Commissioner (Reve­nue), Faridpur canceling the names of the respon­dent and his co-sharers from the record of rights which were recorded in the name of the then Province of East Pakistan. By four different orders from 1960 to 1963 the Revenue Settlement Officer cor­rected the ......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......em, however, claim to have obtained leasehold right on the land itself from the Municipal­ity. In 1971 during the War of Liberation the whole area containing shops stood wholly gutted by fire by Pak Army. The then Municipal authority took up a project to rehabilitate the affected shopkeepers pre­p..

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....llant Mohubullah and asked appellant No.3 the wife of appellant Mohubullah who stated that somebody struck Lechu Bibi and went away and Lechu Bibi went to the hut and fell down. She said that no male member was present at the time of oc­currence. In cross-examination she stated that the wife of Moh......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....s jurisdiction under Article 102 of the Constitution. From the quoted passages it becomes manifestly clear that it tends to interfere with the administration of justice. Writing with such a tone by a member of the Subordinate Judicial Service is the grossest type of scandalising of the Judges of the......s dropped against Contemners. Cases Referred to- Quintin Hogg Case, (1958) 2 WLR 1206; Special Reference No.1 of 1964, 1965 (SC) 745; Sir Edward Snelson Vs. The Judges of the High Court of West Pakistan, 16 DLR 535 (SC). Lawyers Involved: Dr. Rafiqur Rahman with ML Bhowmik, Advocates ‑......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..

Category: Criminal Law | Date: | Hits: 149

Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)

....No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......nth exception of section 499 of the Penal Code and on such view quashed a criminal proceedings against an editor of a weekly. In that, case reliance was placed on the decision of the Supreme Court of Pakistan in the case of Khondaker Abu Talab Vs. State reported in 19 DLR (SC) 198. In that case a jo......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..

Category: Criminal Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ...... Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Khan Vs. Controller of Sta......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..

Category: Property Law | Date: | Hits: 127

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....d an error of law in admitting the same into evidence and relying upon the same for his decision. As to the recovery and seizure of the sari and the sponge sandal it is quite improbable that P.W.4, a member of the Union Parishad who went to the bazar to purchase some betel nut, will take the sari an......s acquitted of the charge. Let the condemned prisoner 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) 435.......s acquitted of the charge. Let the condemned prisoner 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) 435...

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....he constitutions and reconstitutions were sometimes be­tween the defendants 1 and 2, sometimes between de­fendants 1 and 2 and their wives, sometimes between defendants Nos.1 and 2 and their family members and lastly between the defendants Nos.1 and 2. The reconstitution on 1.11.76 was between def......ntract with the plaintiffs) in place of his son Ehsa­nul Hasan Khan. Thereafter on 15.5.78 the defen­dants handed over the Photostat copy of lease deed (between the C & B and the then M/s. East Pakistan Aluminium and Iron Manufacturing Company) and some other papers to the plaintiffs and asked......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...

Category: Business or Commercial Law | Date: | Hits: 349

Abdul Kader Vs. Abdullah and others, 1998, 27 CLC (HCD)

....ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ......llah and others....………………Respondents Judgment February 17, 1998. Result: The rule is made absolute. Cases Referred to- Abdul Majid and other Vs. Province of East Pakistan & ors, 23 DLR 203; Benzir Ahmed Vs. Debendra Chandra Saha and others, 4 BLT 150. Law......ordingly, the Rule is made absolute. The judgment and decree of the appellate Court is set aside. The suit is dismissed. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 435. ..

Category: Property Law | Date: | Hits: 105

Yousuf (Md.) Vs. Hajee Abdul Wahab being dead his heirs Hajee Shahida Khatun and others, 1997, 26 CLC (HCD)

....ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ......lhi under Professor Tandon, Neuron Surgeon, to whom he was referred by Professor Rashiduddin Ahmed, It is further stated that defendant did not recover from his illness and also received treatment in Pakistan under Dr. Jumma, Neuro Surgeon, and Professor Abdur Rob. In the meantime the plaintiff pers......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld. Send down the record at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 412. ..

Category: Property Law | Date: | Hits: 120

Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD

....and he was sentenced to suffer R.I. for 7 years and to pay a fine of Tk. 9 lakhs, in de­fault, to suffer R.I. for 1 year 9 months and 75% of immovable property standing in his name or in the name of members of his family or benami of others were forfeited to the State. The said respondent No.6 suff......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...

Category: Election Law | Date: | Hits: 220