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Mozibul Huq Vs. Chairman, 1st Labour Court and others, 2003, 32 CLC (AD).

....Division.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 91.  ......Division.   The leave petition is dismissed.   Ed.   This Case is also Reported in: 55 DLR (AD) (2003) 91.  ......hmudul Amin Choudhury CJ   Md. Ruhul Amin J   KM Hasan J   Mozibul Huq ... …………Petitioner   Vs.   Chairman, 1st Labour Court and others...............Respondents &nb......sion in Writ Petition No. 738 of 1999.   2. The petitioner is an employee of Bangladesh Railway who was appointed as a substitute on 26‑1‑1987. An agreement between the Secretary Railway Division and Railway Sramik Karmachari was signed according to which no worker of ..

Category: Administrative Law | Date: 6 Feb, 2002 | Hits: 123

State Vs. Abdus Samad @ Samad Ali, 2002, 31 CLC (HCD)

....f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ......he Mymensingh Medical College Hospital and identified the dead body to the doctor. This witness was not, however, cross-examined by the defence. 17. PW 9 Most Hameda Khatun is the wife of Ismail Hossain, a younger brother of the informant and the condemned prisoner. This witness corroborated th......n (Criminal Appellate Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J State……………..........................Petitioner Vs. Abdus Samad @ Samad Ali……………......Condemned Prisoner ......f the matter, the Reference is rejected and the connected jail appeal is dismissed with the modification of sentence as stated above. Ed. This Case is also Reported in: 54 DLR (2002) 590. ..

Category: Criminal Law | Date: 2 Feb, 2002 | Hits: 115

M. Saleemullah Vs. State, 2002, 31 CLC (AD)

.... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ...... was preferred and the Honourable Appellate Division passed the order of exoneration. Lawyer Involved: Ozair Farooq, Senior Advocate (MI Farooqui, Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner.  Not represented— the Responde......preme Court Appellate Division (Criminal) Present: Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  M.  Saleemullah…...Petitioner Vs. State………………. Respondent  Judgment ...... unconditional apology and exonerating him from the charge of contempt of Court. The judgment and order passed by this Division on 23-7-1992 in Criminal Appeal No. 15 of 1989 is set aside. Ed. ..

Category: Contempt of Court Law, Criminal Law | Date: 29 Jan, 2002 | Hits: 77

Abdul Mannan Vs. Bangladesh and others, 2003, 32 CLC (AD).

.... Nos. 27 and 28 of 2000. (From judgment and order of the High Court Division dated 7‑7‑1999 passed in Writ Petition Nos. 1787 and 2259 of 1998). Judgment Mohammad Fazlul Karim J.- These review petitions against, the impugned order dismissing civil petiti......as practicable taking into consideration the territorial unity and administrative convenience. But the same is directory and not mandatory. Lawyers Involved: Md. Aftab Hossain, Advocate‑on‑Record‑For the Petitioners (In both the petitions). Amir ...... Mahmudul Amin Chowdhury J Mainur Reza Chowdhury J Md. Fazlul Karim J KM Hasan J Abdul Mannan ......................Petitioner Vs. Bangladesh and others .............Respondents Judgment ......ity, distribution of population, administration convenience, without any enquiry and obtaining any opinion of the local people in violation of section 21 of the Pourashava Ordinance, 1977. The Deputy Secretary (poura) also did not consider the report along with Mouza map showing distribution of the ..

Category: Election Law | Date: 22 Jan, 2002 | Hits: 109

Mia Lutfi Hossain Khasru and others Vs. Bangladesh and others, 2003, 32 CLC (AD).

....  55 DLR (AD) (2003) 58.  ...... Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. ...... Mainur Reza Chowdhury J Mohammad Fazlul Karim J KM Hasan J Mia Lutfi Hossain Khasru and others ……………….Petitioner Vs. Bangladesh and others……………………&h......, distribution of population, administration convenience, without any enquiry and obtaining any opinion of the local people in violation of section 21 of the Pourashava Ordinance, 1977. The Deputy Secretary (Poura) also did not consider the report along with Mouza map showing distribution of the..

Category: Procedural Law | Date: 22 Jan, 2002 | Hits: 122

Moni Begum @ Moni Vs. The State, Represented by the Deputy Commissioner, 2001, 30 CLC (HCD)

....uq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad Shamsur Rahman, Metropolitan Magistrate, Dhaka. 2. The Chief Metropolitan Magistrate, ......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ...... A. K. Badrul Huq J Ms. Mamtazuddin Ahmed J Moni Begum @ Moni, wife of Shahabuddin of 79/A, Satish Sarkar Road, Ganderia, P. S. Sutrapur, Dhaka..............................Petitioner Vs. 1. Mr. Mohammad Shamsur Rahman, Metropolitan Magistrate, Dhaka. 2. The Chief Metropoli......gistrate Dhaka in Complaint case No.1807 of 1999 and complaint case No.2261 of 2000 in the absence of the High Police Officer and Police representative. Ed. This case is also Reported in: ..

Category: Constitutional Law, Procedural Law | Date: 11 Dec, 2001 | Hits: 7

KM Obaidur Rahman Vs. State, 2003, 32 CLC (AD).

....ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ......used on bail on the ground that the parliament is in session.  Lawyers Involved:  Khandaker Mahbubuddin Ahmed, Senior Advocate (Mainul Hosein, Advocate with him) instructed Aftab Hossain, Advocate‑on‑Record‑For the Appellant  AF Hassan Ariff, Attorn...... Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  KM Obaidur Rahman………Appellant Vs. State …………………………..R......ithout any excuse and in case of his failure the trial Court will be at liberty to cancel the bail and take the appellant into custody and proceed with the case in accordance with law. Ed. ..

Category: Criminal Law | Date: 1 Dec, 2001 | Hits: 83

Bangladesh Legal Aid and Services Trust and another Vs. Bangladesh and others, 2001, 30 CLC (HCD)

....em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ......lute. Cases Referred to- State Vs. Deputy Commissioner, Satkhira and others, 45 DLR (HCD) 643; Shiplu and another Vs. The State, 49 DLR (HCD) 53; Bablu Vs. State, 1 BLD 1981 (HCD) 454; Bakhtair Hossain Vs. The State, 47 DLR (HCD) 542; Sheela Barse and another Vs. The Union of India and others,......urt Division (Special Original Jurisdiction) Present: Shah Abu Nayeem Mominur Rahman J Md. Arayes Uddin J Bangladesh Legal Aid and Services Trust and another...........Petitioners Vs. Bangladesh and others...........Respondents Judgment November 6, 2001. Result: T......em to discuss on “The Children Act, 1974” with judicial officials working under their respective judgeship. Ed. This Case is also Reported in: 22 BLD (HCD) 2002, 206; 7 BLC (2002) HCD, 85. ..

Category: Women and Children | Date: 6 Nov, 2001 | Hits: 75

Hussain Mohammad Ershad Vs. Zahedul Islam Khan and others, 2001, 30 CLC (AD)

....bsp; Supreme Court Appellate Division (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others.................to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ...... (Civil) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Gholam Rabbani J Hussain Mohammad Ershad....................Petitioner Vs. Zahedul Islam Khan and others............. Respondents Judgment August 22, 2001.......to interfere with the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed.  This Case is also Reported in:  54 DLR (AD) (2002) 1. ..

Category: Anti-Corruption Laws | Date: 22 Aug, 2001 | Hits: 111

Islami Bank Bangladesh Ltd. Vs. Md. Habib & ors., 2003, 32 CLC (AD).

....h the said loan he imported Dano Full Cream Powder Milk. Respondent No. 1 stood guarantor for the loan. The cartons containing the said imported goods were kept in the godown owned by another accused Mohammad Islam. There was a tripartite agreement among the Bank, the importer and the godown owner w......, Advocate-on-Record —For the Appellant.  KH Mahbubudin Ahmed, Senior Advocate, instructed by Md. Ataur Rahman Advocate-on- Record— For Respondent Nos. 1 and 2.  B Hossain, Deputy-Attorney-General-For the Respondent No.3  Criminal Appeal No. 10 of 2000......resent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Gholam Rabbani J Md. Ruhul Amin J  Islami Bank Bangladesh Ltd...............Appellant Vs. Md. Habib and others......Respondents  Judgement August 22, 2001. ......ment and order as aforesaid are set aside. The aforesaid criminal proceedings shall continue against all the accused including the respondent Nos. 1 and 2 in accordance with law.  Ed. ..

Category: Criminal Law | Date: 22 Aug, 2001 | Hits: 95

Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)

....y set aside and he is exonerated from all the liabilities with honour and dignity.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 82.  ......r, 3 BLC (AD) 125.   Lawyers Involved:   Rokanuddin Mahnzud, Senior Advocate (SS Halder Senior Advocate with him) instructed by Md. Aftab Hossain, Advocate-on-Record — For the Appellant.   M Saleem Ull......;                 Suhel Ahmed Chowdhury .....................Appellant   Vs.   Salahuddin Ayubi and others...............Respondent   ......                M Amin Choudhury CJ.- This Criminal Appeal No. 41 of 2000 was filed by Suhel Ahmed Chowdhury, former Secretary, Ministry of Works of the Government of the People’s Republic of Bangladesh in the n..

Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95

Mobarak Ali Vs. BD House Building Fin. Corpn. & anr. 2003, 32 CLC (AD).

....on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ......ip;.(4)  Lawyers Involved:  Md. Moksudur Rahman, Senior Advocate, instructed by Sharifuddin Chaklader, Advocate-on-Record — For the Petitioners.  Md. Aftab Hossain, Advocate-on-Record — For the Respondents.  Civil Petition for Leave to Ap......eza Chowdhury J Md Gholam Rabbani J Md Ruhul Amin J Md Fazlul Karim J  Mobarak Ali…………………….Petitioner Vs. Bangladesh House Building Finance Corpora­tion and another............Respondent ......on of principle natural justice has no merit.  In view of the discussion made hereinbefore find no substance in this petition. Accordingly, the petition is dismissed.  Ed. ..

Category: Administrative Law | Date: 24 Jul, 2001 | Hits: 111

Reazuddin (Md.) and another Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)

....etitioners in all these Writ Petitions are students of different Madrashas and were the examinees of Dhaka Dhakhil Examination 2000. 3. In Writ Petition No.5250 of 2000 there are two petitioners Mohammad Reaz Uddin and another both were the students of Bhisor Doua Tala Mahmudia Dakhil Madrasha.......of 2000 there are 13 petitioners HM Shahriar and 12 others, all were the students of Mujahed-ia Keramatia Dakhil Madrasha. 10. In Writ Petition No.5258 of 2000 there are 5 petitioners Md. Likman Hossain and 4 others, all were the students of Shagaldi Nesaria Dakhil Madrasha. 11. In Writ Pe......nwarul Haque J Reazuddin (Md.) and another……………………………………………Petitioners Vs. Government of Bangla­desh and others………………&he......ration must be published. Ed. This Case is also Reported in: 57 DLR (2005) 698.                   ..

Category: Constitutional Law | Date: 19 Jul, 2001 | Hits: 2

Privatisation Board Vs. AK Fazlul Huq & ors., 2003, 32 CLC (AD).

....ment is otherwise legally sustainable, hence on modification of that part of judgment and order of the High Court Division by way of deleting the same the petition is dismissed.  Ed. ......p;(5)  Lawyers Involved:  Tafailur Rahman, Advocate, instructed by Sharifuddin Chaklader Advocate‑on‑Record ‑ For the Petitioner  Azmalul Hossain, Senior Advocate, instructed by Mvi. Md Wahidullah, Advocate‑on‑Record ‑ F......esent: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J Md. Ruhul Amin J Md. Fazlul Karim J  Privatisation Board ........................Petitioner Vs. AK Fazlul Huq and other ..................Respondents   Judgment June ......e Board did not reply to the said letter. Respondent No. 1 wrote several letters to the Board for handing over factory to him and he also wrote letter to the Ministry of Finance and to the Additional Secretary, Ministry of Finance seeking their intervention in the matter but in vain. Thereafter the ..

Category: Business or Commercial Law | Date: 24 Jun, 2001 | Hits: 135

Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)

....cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ...... the Artha Rin Adalat so no application under Article 102 of the Constitution is maintainable………………….(3)  Lawyers Involved: M Shamsul Alam, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For the Petitioner. Not represented—The Respondents. Civil Pet......l) Present: Mahmudul Amin Choudhury CJ Mainur Reza Chowdhury J M Gholam Rabbani J Md. Ruhul Amin J  Md. Fazlul Karim J Gazi M Towfic...........................Petitioner Vs. Agrani Bank and others.....................Respondents Judgment May 29, 2001. Result......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 6.  ..

Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145

Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)

....mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ......sdiction) Present: Gour Gopal Saha J SK Sinha J Government of Bangladesh……………………Defendant– Appellant-Petitioner Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others………....Plainti......ety having registration No. Dha-02457 dated 31-7-90 under the name “Mirpur Semi Pucca (Tin shed) Basabaskari Kalyan Samity” and plaintiff No. 2 is the President and plaintiff No. 3 is the Secretary of the said society in which 562 Members residing with their families in 562 Semi Pucca ho..

Category: Evidence Law | Date: 21 May, 2001 | Hits: 183

Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).

....aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ......oudhury CJ   Mainur Reza Chowdhury J   Md. Gholam Rabbani J   Md. Ruhul Amin J   Hossain (Md) and others...........Appellant   Vs.   ......   Md. Gholam Rabbani J   Md. Ruhul Amin J   Hossain (Md) and others...........Appellant   Vs.   Dildar Begum and others.............Respondents   ......aside abatement.   The will be no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 60. ..

Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106

Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)

....000. Result: The Rule is discharged. Cases Referred To- MM Hossain Vs. Mostafa Hossain, 40 DLR (AD) 20, Mahmud Ibne Abbas Vs. Begum Momtaz Hossain, 45 DLR 421, Nur Banu Vs. Noor Mohammad 35 DLR (AD) 182, Amjad Ali Vs. Ali Hossain and another, 15 CWN 353. Lawyers Involved: ...... Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment October 17, 2000. Result: The Rule is discharged. Cases Referred To- MM Hossain Vs. Mostafa Hossain, 40 DLR (AD) 20, Mahmud Ibne Abbas Vs. Begum Momtaz Hossain, 45 DLR 421,...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Abdur Rouf Chowdhury (Md.).……..................Petitioner Vs. Abdul Hashem (Hashu) and another ……........Opposite Parties Judgment ......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..

Category: Property Law | Date: 17 Oct, 2000 | Hits: 136

State Vs. Babul Hossain, 2000, 29 CLC (HCD)

....t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ......on (Criminal Appellate Jurisdiction) Present: Md. Ruhul Amin J ABM Khairul Haque J State …………………………………………………………Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgment May 4, 2...... Court Division (Criminal Appellate Jurisdiction) Present: Md. Ruhul Amin J ABM Khairul Haque J State …………………………………………………………Appellant Vs. Babul Hossain…………………………………..………Condemned Prisoner Judgmen......t an advance order of release in respect of the condemned prisoners be sent to the District Magistrate, Chandpur. Send down the records. Ed. This Case is also Reported in: 52 DLR (2000) 400. ..

Category: Women and Children | Date: 4 May, 2000 | Hits: 115

Professor Nurul Islam and others Vs. Government of the Peoples Republic of Bangladesh & others, 2000, 29 CLC (HCD)

.... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper. ...... in the light of the Ordinance No.16 of 1990 for the prohibition of all forms of tobacco advertisements and/or such other or further order or orders passed as to this Court may seem fit and proper. ....... ......a Vs. State of Kerala and others, 1992(2) KLT 725; Pakistan Chest Foundation and others Vs. Government of Pakistan and others, 1997 CLC 1379; Dr. Mohiuddin Farooque Vs. Bangladesh, represented by the Secretary Ministry of Government of the People’s Republic of Bangladesh, Bangladesh Secretariat an..

Category: Health Law | Date: 7 Feb, 2000 | Hits: 500