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Md. Ismail and others Vs. State, 2011, 40 CLC (HCD)
....500/-. Then said Mozammel Hoq Patwary suspected the said note as counterfeit currency note and confined said 3 accused in the shop. After interrogation they confessed that they have been involved the business of counterfeit currency note and they prayed apology. Then he informed the officer-in-charg...... and others ……………Petitioners Vs. The State ……………………………...Opposite party Judgment March 30, 2011. Lawyers Involved: Md. Abdul Kader Bhuiyan, Advocate-For the petitioners. Bashir Ahmed, Assistant Attorney General-For the opposite party. Criminal ......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ......rgone with fine as stated above. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 77
Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)
....stions involved in the matter they are unable to agree with the views taken by them, that the PSC was compelled to, follow the direction of the Government which had no power to interfere with the business of the PSC, and that the report of the media could not be the basis for cancelling the resu...... Vs. Subhash Chandra Marwala, (1974) 3 SCC 220; Neelima Shangla Vs. State of Haryana, (1986) 4 SCC 268; Jatendra Kumar Vs. State of Punjab, (1985) 1 SCC 122; Union of India Vs. Hindustan Development Corporation, AIR 1994 SC 988; Punjab Communications Ltd. V. Union of India, AIR 1999 SC 1801. Lawy......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. ......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. ..Category: Constitutional Law | Date: | Hits: 247
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......nt of Pakistan, PLD 1961 (SC) 537; Chief Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PLD 1959 (SC) 45; Gopi Vs. Himachal Pradesh Government, AIR 1966 Him. 8 (V 53 C 3); Stuart Vs. Anderson and Morrison, 2 All ER 665 at page 671.
Lawyers Involved:
Amirul Islam with Kazi Shahabuddin and Md...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......Katrak, reported in PLD 1959 (SC) 45 laid down as rule, the principle of natural justice, "Maxim: audi alteram partem" No man shall be condemned unheard" applies to judicial as well as administrative bodies, specially where the proceedings taken may affect the person or property or other rights of t..
Category: Others | Date: | Hits: 153
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......ah, PLD 1962 (SC) 502; NLR 1984 C 321; PLD 1985 (Lah) 33; 1969 SUR 454, 1977. Lawyers Involved: Serajul Huq Advocate, with Mansurul Hoque Chowdhury Advocate, and ABM Gholam Mazid, Advocate ‑ For the Appellants. AFM Shahid Deputy Attorney‑General, with AQ Rashid Ahmed, Advocate ‑ For t......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... and died. Malek shot at Sumraj by his gun. Sumraj fell on the ground. Pellet stuck on the eyes of Sumraj. Mazid shot at Alauddin and he fell on die ground. 4. The accused persons carried the dead bodies of Abu on their shoulders who died as a result of cross firing. The accused tried to snatch a..Category: Criminal Law | Date: | Hits: 111
Md. Farid Hossain and others Vs. Md. Abul Hossain and another, 2009, 38 CLC (AD)
....ies for his dwelling house but the defendant Nos.1 and 8 are trying to snatch away the same from him through the plaintiff at the ill advice of his step mother defendant No.7. The defendant No.1 is a businessman, he deals in umbrellas at a shop at Anderkilla. The said defendant No.1 took loan fr...... Cases Referred To- Ramizuddin Miah Vs. Jarimunnessa and others 15 BLD (AD) 52; Md. Matlabur Rahman and others Vs. Madan Meah Chowdhury 33 DLR (AD) 286. Lawyers Involved: M. A. Samad, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Appellants. Nurul Islam Bhuiy...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ...... different and distinguishable which has no manner of application. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 297. ..Category: Property Law | Date: | Hits: 65
Shambhu Nath Saha & others Vs. State, 1989, 18 CLC (HCD)
....2.78, the aforesaid holdings were transferred to informant Alfazuddin and his 4 brothers and possession of the same was delivered to them. Accused petitioner No. 1 Shambhu Nath Saha was running hotel business in the first floor of the said premises as tenant of Begum Jahura Hossain. Informant Alfazu................................................Opposite Party. Judgment November 21, 1989. Case Referred to- Sanmukhsingh and others Vs. The king, AIR 1950 PC 31. Lawyers Involved: Lutfor Ranman Mondal, Advocate ‑ For the Petitioner. Abdul Malek, Advocate ‑ For the informant. ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ......s therefore, discharged. The learned Additional Metropolitan Magistrate is directed to dispose of the case as expeditiously as possible. Ed. This Case is also Reported in: 43 DLR (1991) 660. ..Category: Criminal Law | Date: | Hits: 83
Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others., 1977, 6 CLC (HCD)
.... employer he must have an 'establishment' and there must be workmen employed for the purpose of carrying on any 'industry'. Now what does 'industry' means. Clause‑XIV provides, 'industry' means any business, trade, manufacture, calling, services, employment or occupation. It will be noticed at onc......al .....................................Petitioner Vs. Kumudini Hospital Karmachari Union & others....................Respondents (In Writ Petition No. 625 of 1974). Cholera Research Laboratory ......................Petitioner Vs. First Labour Court & others.......................e definition of the expressions used in the Industrial Relations Ordinance, 1969. "Employer" as defined in Clause‑VIII in relation to an establishment means "any person or body of persons whether incorporated or not, who or which employee working in the establishment under a contract of employment......4 and 625 of 1974 are made absolute and the Rule in Petition No. 306 of 1976 is hereby discharged. There will be no orders as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 655. ..Category: Labour and Industrial Law | Date: | Hits: 123
Tenu Miah and others Vs. The State, 1990, 19 CLC (HCD)
.... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......90; 12 DLR (WP) 92; AIR 1951 Punj 137; ILR 1951 Panj 202; 52 CLJ‑1517; Sarfraz Khan Vs. Crown, All Pakistan Legal Decisions, 1953 (FC) page 317; Enayetullah and another Vs. The State, PLD, 1966, Lahore (WP) page 8; Syed Ali Vs. Nibaran Mullah, in PLD 1962 SC 502; Ref. NIR 1948 C. 321; PLD 1985 Lah...... Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑ 1 from sections 302/149 of the Penal Code. Ed. This Case is also Reported in: 43 DLR (1991) 633. ......ied. Malek shot at Sumraj by his gun. Sumraj fell on the ground. Pellet stuck on the eyes of Sumraj. Mazid shot at Alauddin and he fell on the ground. 4. The accused persons were carrying the dead bodies of Abu on their shoulders who died as a result of cross‑firing. The accused tried to snatch..Category: Criminal Law | Date: | Hits: 68
Haji Md. Ishaque and others Vs. Rupali Bank, 1990, 19 CLC (HCD)
....hat the defendant Nos. 7‑9 mortgaged the suit property to the then Standard Bank on 25.8.1969 as security to the loan of Tk. 1, 1165,000.00 incurred by them and their partners for carrying on their business under the name of defendant No. 2, M/s. Sunrise Tea House; that subsequently the Standard B.......Opposite party. Judgment August 6, 1990. Case Referred to- Chapala Sundari Vs. Wahed Ali, 11 DLR 376. Lawyers Involved: Mozammel Hossain with Abdul Momen Chowdhury, Advocates ‑ For the Appellant. Syed Moazzem Hossain, Advocate ‑ For the Respondent No. 3. Appeal from Ori......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ......uit and the Court below rightly rejected the plaint. In the result the appeal is dismissed with costs to the defendant respondent No. 1. Ed. This Case is also Reported in: 43 DLR (1991) 621. ..Category: Procedural Law | Date: | Hits: 67
....atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......try of Law and Justice and others..........Respondents.
Judgment
October 7, 1991.
Lawyers Involved:
Amir‑ul-Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Chowdhury, Advocates ‑ For the Petitioners.
Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney General an......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application.
Ed.
This Case is also Reported in: 43 DLR (1991) 607.
......ights of the members of the Jatiya Sangsad (Parliament) and destroyed the sanctity of election. He further submits that there is no precedent in the country of any election of any office of the local bodies or of the Parliament by open ballots. In support of his submission the learned Counsel referr..
Category: Constitutional Law | Date: | Hits: 229
....further stated that the respondent had neither denied the liability of the arrear rents nor tried to avoid the same nor it ceased to have enough resources for payment of same nor did it cease to have business. It is further stated that it has by now recovered from financial crisis and is in the posi.........................Petitioner
Vs.
Singa Bangla Garment Manufacturing Company (Pvt) Ltd..............Respondent.
Judgment
October 29, 1990.
Case Referred to-
Bangladesh Road Transport Corporation Vs. M/s Ashraf Jute Mills Ltd., BLD 1990 144.
Lawyers Involved:
MA Samad, Advo...... an application under Sections 162 and 163 of the Companies Act, 1913 for winding up of the respondent‑company, namely Singa‑Bangla Garment Manufacturing Company (Pvt.) Ltd., a private Company, incorporated under the Companies Act, having its office and factory at 45, Mohakhali Commercial Area, ......ain a stay order from the Appellate Court. The prayer is allowed and this judgment will come into operation just after two weeks from date.
Ed.
This Case is also Reported in: 43 DLR (1991) 603.
..
Category: Company Law | Date: | Hits: 190
Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)
.... Government filed the suit after 6 years of the date of advance. The Court found that it is clear that the Government had not engaged itself in advancing money in any commercial undertaking, trade or business but it was doing an act incidential to its function and finding so the Court held that it b......990. Cases Referred to- Province of East Bengal Vs. Bakerganj Central Co‑operative Sales and Supply Society Ltd., 12 DLR (Dacca) 219. Lawyers Involved: Jamiruddin Sircar, Advocate ‑ For the Petitioners. Not represented-the opposite Party. Civil Order No. 1932 of 1990. Judgm...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..Category: Civil Law | Date: | Hits: 87
Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)
....are innocent and they have been falsely implicated in this case. Further case of the defence is, that the appellants had no enmity with the deceased Nur Mia who used to carry on logni (money lending) business and who had enmity with other person connected with that business; of course, PW 1 Abdul Ga......30, 1990. Cases Referred to- Hazi Nurul Islam Vs. Serajul Islam and others, 4 BCR 1984 (AD) 401; Singaram and another, AIR 1954 (Madras) 152; Fateh Sher and another Vs. the Crown, PLD 1956 (Lahore) 157; 1972 Pak. SCMR 685 and 1973 Pak. SCMR 83; 1971 Pakistan SCMR 432, Hakim Ali and 4 others V......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..Category: Criminal Law | Date: | Hits: 82
Hosne Ara Begum Vs. Alhaj Md. Rezaul Karim and others, 1990, 19 CLC (HCD)
....al and mental torture; that the plaintiff was under apprehension that she might be killed if she returned to her husband's house; that father and sister's husband of the plaintiff are very prosperous businessman and it was not believable that they were responsible for breaking conjugal life of the p......es Referred to- Amir Md. Vs. Mst Bushra, AIR 1956 Raj. 102; AKM Ruhul Amin Vs. District Judge, Bhola, 38 DLR (AD) 172; AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and ors., 38 DLR (AD) 172, Sultan Ali Vs. Nur Hossain, AIR 1949 Lah 131. Lawyers Involved: M Faz......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ......e Court of appeal under section 17 of the said Ordinance, 1985, but nevertheless remaining a Court subordinate to the High Court Division. Ed. This Case is also Reported in: 43 DLR (1991) 543. ..Category: Family Law | Date: | Hits: 210
....hich was also named as "Sattar Match Works" and which being under the same management also used the same trade mark "Cock" on its match boxes. The two factories under the same owners carried on their business under the name of "Sattar Match Works" for some time and thereafter the owners constituted ...... as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
......ith Sattar Match Works.
With the above direction and observation this application is disposed of but there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 532.
..
Category: Intellectual Property Law | Date: | Hits: 264
State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)
....pposite party showed causes to the Customs Authority. There on examination of the same and consideration of the purchase vouchers of the seized goods purchased from different shops of Dhaka and other business papers produced by the opposite party the customs authority found that the opposite party w...... Bepari Vs. The State, 31 DLR 241; Abdul Huq & others Vs. The State, 29 DLR 427; 30 DLR (SC) 58; 31 DLR (SC) 69; 15 DLR (SC) 150; 28 DLR (SC) 38. Lawyers Involved: M Shamsul Alam, Deputy Attorney‑General with Md. Hefzu Bari, Advocate ‑ For the Petitioner. Jamiruddin Sircar with Asad......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529.......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...Category: Criminal Law | Date: | Hits: 72
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....erved as follows: “When the ship said to be belonging to the defendant, which are foreign companies, is about to leave the port, where it has discharged some cargoes, in the normal course of its business, it is difficult to presume that the ship’s departure for another port was with the objec......ase Referred to- M/s. United Venture Navigation Co. Ltd. Vs. Samudrajatra Shipping Lines, 28 DLR 231. Lawyers Involved: Sultan Ahmed, Deputy Advocate-General AM Mahmudue Rahman, Assistant Attorney General, Ismailuddin Sarkar, Assistant Attorney General-For the Appellant. M. Hafizullah, N......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....operation in his raiyati holding, if and when the occasion arose." The fact of the case is distinguishable from the facts of the present case. There the lease of the shop was taken for the purpose of business. In view of the facts of that case, I think, the principle laid down therein has little app...... Vs. Syeeda Hasinal Ara Begum and another, 21 DLR 633; Akbar Ali and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81; Kamini Sundari Majhi Vs. Meseruddin Sheikh and others, PLR 1960 Dac. 1018; Forman Ali Howlader Vs. Helaluddin Pashari, 20 DLR 1197. Lawyers Involved: Fazlul Karim, Advoca......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
Enamul Huq (Md) & 2 others Vs. Syndicate, University of Dhaka, 1990, 19 CLC (HCD)
....he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507....... 3. Md. Nuruzzaman Khan and 7 others.......................Petitioners (In Writ Petition No. 801 of 1990) Vs. The Syndicate, University of Dhaka, represented by its Chairman and Vice‑Chancellor, University of Dhaka and others............................................................Respon......he Writ Jurisdiction, with the impugned punishment given by the Syndicate. As a result, these three Writ Petitions are summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 507.......he very young to Universities for students, most of whom, in the eyes of the law, are adults of above average intelligence pursuing academic and professional studies at the highest level. In all such bodies it is perhaps possible to distinguish between decisions on academic matters, that is, for exa..Category: Others | Date: | Hits: 112
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
....he capital market and mobilize savings and to provide for matters ancillary thereto. The respondent is a public limited company registered under the Companies Act, 1913 having its registered place of business at Tongi, Dhaka. It carries on business of manufacturing and dealing in different kinds of ......ny further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ......mits that the petitioner‑corporation has been created under the Investment Corporation of Bangladesh Ordinance, 1976. Section 3(2) of the above Ordinance speaks that the corporation shall be a body corporate by the name of the Investment Corporation of Bangladesh for a perpetual succession and a c......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
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