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Gura Miah and others Vs. Fazar Ali and others, 1988, 17 CLC (HCD)

.... of the 4th party men was that they were in peaceful possession of their share of land ap­pertaining to R.S. Khatian Nos.957 and 582. Their further case was that the First and Second Party men being members of the same group managed to fabri­cate this false case obtaining a false report from the p......d­ed in this section is no longer called for and the proceeding should be put an end to." His Lordship while making the aforesaid obser­vation finds support from the decision of Supreme Court of Pakistan in the case of Malik Mansoor Elahi Vs. Lala Bishmbar Das reported in 16 DLR (SC) 246. It ha......me and the proceeding under section 145 of the Code of Criminal Procedure is hereby dropped. In the result the Rule is made absolute. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 70...

Category: Criminal Law | Date: | Hits: 126

Khaled Akbar Vs. Government of Bangladesh and others, 1989, 18 CLC (HCD)

..... Mr. M. Golam Rabbani, the learned Advo­cate appearing on behalf of the eldest son of the Awardee, late Basharatullah submits that the decision of the Appellate Tribunal need be reconsidered as the member has failed to assess a fair and reasonable compensation in accordance with section 8 of the O......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ......stice calling for our interference by this Court in these cases. Consequently these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 66. ..

Category: Alternative Dispute Resolution | Date: | Hits: 280

Shah Alam Chowdhury Vs. State, 1989, 18 CLC (HCD)

....e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ......Bibi Vs. State, 12 DLR (SC) 156); Abdur Rahman Vs. State, 29 DLR (SC) 256; Abdur Rahman, 29 DLR (SC) 256; Abul Vs. Haji Abdul Gani, 14 DLR (Dhaka) 51; Atta Mohammad Vs. Inspector General Police, West Pakistan, PLD 1965 (WP) Lahore 734; Abdur Rahman Vs. The State, 29 DLR (SC) 256; Jafar Ahmed Vs. The......e Suo Motu Rule No. 47/89 is also dis­charged. Let a copy of this judgment along with the lower Court records be sent down at once. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 49. ..

Category: Criminal Law | Date: | Hits: 127

Shahjahan Mizi (Md.) Vs. State, 2005, 34 CLC (HCD)

....nature was proved and exhibited as exhibit 1/2. In cross-examination he stated that he did not know the deceased Rina Begum before hand. 14. Md. Ali Ashraf was examined as P.W.4 who was an elected member of Algi Union Parishad ward No.3 of Haimchar Police Station. He stated in his examination-in-......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ......dismissed and the order of conviction and sentence is hereby upheld. Send down the LC records with a copy of the judgment at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 224. ..

Category: Procedural Law | Date: | Hits: 118

TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. Sramik League & others Vs. TK Oil Refinery and Vegeta­ble Products (Pvt.) Ltd. and an­other, 1989, 18 CLC (HCD)

....gistration by the Registrar. Al­though section 18 of the Ordinance bars suit or other proceedings in Civil Court against any registered trade union or collective bargaining agent or any Of­ficer or member thereof for that matter but Mr. Nurul Huda, the learned Advocate without referring the said p......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ......ter by implication without any sub­stance. There is no merit in this application. According­ly, this application is rejected in limine. Ed. This Case is also Reported in: 42 DLR (1990) 13. ..

Category: Labour and Industrial Law | Date: | Hits: 178

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......r. But instead of delivering possession the Deputy Commissioner, Lalmonirhat through Letter dated 10.3.86 enquired from the Ministry of Home Affairs whether the petitioner had made an option to go to Pakistan. At the same time the Deputy Commissioner, Lalmonirhat got a non‑option certificate form ......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340...

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......ed wherein the point mooted before me was the same. In Mozaffar Ahmed the question relates to the interpretation of section 21 of the Bengal Civil Courts Act, 1887 as amended by section 3 of the East Pakistan Act. No.1 of 1964 which came into force on January 25, 1964. 5. Section 3 of East Pak......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ..

Category: Procedural Law | Date: | Hits: 102

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....ed the suit land by a registered sale deed dated 24.11.1960 and thereafter he constructed a two storied building thereon and possessed the same as his residential dwelling house along with his family members; that in the month of January, 1971 he left for performing Hajj leaving his whole family in ......that in the month of January, 1971 he left for performing Hajj leaving his whole family in the said building but could not return due to war of liberation and as such he was stuck up in the then West Pakistan; that it was further averred that he was also the owner of Fasons Metal Industries where he......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 111

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... stated as follows: Property described in CS Dag No.565 of Mouza Tejkunipara in the city of Dhaka has 84.09 acres of land and commonly referred to as Motijheel. The erstwhile Government of East Pakistan acquired part of this land for development by the Dhaka Improvement Trust, predecessor of t......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...

Category: Procedural Law | Date: | Hits: 113

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....ave been awarded death sentence in a murder case before this occurrence. P.W.1 along with some of the co‑accused have been sentenced to life imprisonment in a murder case involving 3 murders of the members of the accused party. 8. In the background of such criminal cases and counter cases, h......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

.... who performed his responsibility of office sincerely. The Government it has now constituted an Enquiry Commission headed by a Judge of this Court to investigate into the charges, if any, against any member of the past Government and if any charges are found to be true, law will take its own course.......ity or in an unlawful manner. 2. The case of the petitioner is that the detenu comes of a respectable family of Rangpur. He obtained BA Degree from Carmichael College, Rangpur and joined the then Pakistan Army and was commissioned on 17th September, 1952 in the then East Bengal Regiment. The det...... an unlawful manner. 2. The case of the petitioner is that the detenu comes of a respectable family of Rangpur. He obtained BA Degree from Carmichael College, Rangpur and joined the then Pakistan Army and was commissioned on 17th September, 1952 in the then East Bengal Regiment. The detenu was a..

Category: Criminal Law | Date: | Hits: 113

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......s, may be obtained from the Court of Law before whom the case for dissolution of marriage is pending. In this connection reference may be made to the aforesaid Full Bench decision of Supreme Court of Pakistan reported in PLD 1967 (SC) 97 wherein their Lordships have observed, that if the husband doe...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..

Category: Family Law | Date: | Hits: 265

Mercantile Fire and Gen­eral Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......Dhaka) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Daliluddin Ah­med J The Mercantile Fire and Gen­eral Insurance Co. Ltd...........Appellant Vs. Bata Shoe Company Pakistan Ltd..................................Respondents Judgment February 15, 1989. Resul......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ..

Category: Business or Commercial Law | Date: | Hits: 325

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......xure 'H'. 2. The petitioner's case in short is that the peti­tioner joined Government service as an Assistant En­gineer in the year 1962, being appointed by the then erstwhile Government of East Pakistan on the rec­ommendation of the then Provincial Public Service Commission. The petitioner wa......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....the appointment or when the appointment has been made by a person who has no authority to appoint. 3. At the very outset the petitioner very humbly and with all humility submitted that as a senior member of the Bar he shares with the other members of the Bar the traditional respect for the member......anu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Govt. of Pakistan and another, PLD 1976 (SC) 315; Union of India Vs. Sankalchand Nimatal Shoth and another, A......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...

Category: Constitutional Law | Date: | Hits: 353

Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....ner contends first, that Chetia is a freedom fighter for right of self-determination of the Assamese people and, as such, right has evolved as a principle of International Law which is binding on the member states of the United Nation to help people struggling for freedom and liberation. He next con......an Rights, self-Determination and the Right to Resistance: The Case Study of Hawaii, "Moreover, in his separate opinion in the Namibia Case, Judge Ammoun, citing statement by the representative of Pakistan, said that the “right of self-determination is a norm of the nature of jes cogens, deroga...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ..

Category: Constitutional Law | Date: | Hits: 421

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....n of Bangladesh was amended and the then Prime Minister Shaikh Mujibur Rahman became the President of Bangladesh. In the morning of 15th August, 1975 the President Shaikh Mujibr Rahman and his family members and some others were killed by a group of army people who committed a coup and these army pe...... DLR (AD) 1; Anwar Hossain Vs. Government of Bangladesh, 41 DLR (AD), 165; William Marbury Vs. James Madison, US Supreme Court Reports (1803), 2 Law Edition 135; Miss Benazir Bhutto Vs. Federation of Pakistan, PLD 1988 (SC) 416; Khandkar Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222; AIR 1956 (All......en President Bangabandhu Shaikh Mujibur Rahman and his family members and others were taken away by a group of army people without any sanction of law. In our ordinary laws, namely, the Penal Code or Army Act and in some other laws life of a person can be taken away by holding a trial in accordance ..

Category: Criminal Law | Date: | Hits: 202

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

....ection Tribunal, wherefrom appeal lies only to the Supreme Court if leave is granted whereas in terms of section 26 of Ordinance 1983, for settlement of election dispute in respect of Chairman and members of Union Parishad, as in the present case, election petition is to be filed in the Court of......lam Vs. Mujibul Huq, 41 DLR (AD) 68; Rafiqul Alam Vs. Mustafa Kamal, 42 DLR (AD) 137; Ponnu Swam'si Case AIR 1952 SC 64 and Monindar Sing's case AIR 1978 SC 851; Ram Chandra Vs. Government of west Pakistan, AIR 1964 Cal 265, 272; Webb Vs. Minister of Housing and Local Government [1965] 2 All ER ...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...

Category: Election Law | Date: | Hits: 211

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....‘1997 according to the provision of the Co‑operative Societies Ordinance, 1984 and the Rules made thereunder and the by­laws of the said society. The defendant Nos.1, 3, 5, 6 and 7 were elected as members of the executive committee of the society in the election held on 12-­12‑1994 and they we......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ..

Category: Procedural Law | Date: | Hits: 124