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Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... satisfaction of the detaining authority that prevention of such acts of the detenu was necessary for securing the object mentioned in the order of detention. In this court, we have been consistently holding in various cases that want of nexus between the object of detention and the grounds of deten......ue is not being hold in custody without lawful authority or in an unlawful manner. 2. The detenu, Begum Momata Wahab, was taken into custody in execution of an order of detention passed by the Government on 3.12.91 under the signature of a Senior Assistant Secretary of the Ministry of Home Aff..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....age of manpower to do the job in the department as the work is ever increasing with overflow of responsibilities. The petitioner therefore, since January, 1996, has been for all intents and purposes, holding charge of 3 posts simultaneously, namely, Assistant Collector (Establishment), Assistant Col......iginal Jurisdiction) Present: Md. Mozammel Hoque J Md. Hassan Ameen J Matiur Rahman (Md.)……………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Establishment, Government of the People’s Republic or Bangladesh & others………………Respondents Judg..

Category: Employment/Service Law | Date: | Hits: 216

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....on 151 of the C.P.C. for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's report stating, inter alia, that they did not know anything about the order for local investigation, holding of the local investigation, submission of the local investigation report and its accep­tanc......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21...

Category: Procedural Law | Date: | Hits: 106

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

....aining authority and/or was used as a materials for the satisfaction of the detaining au­thority. In any view of the matter, the learned Coun­sel submits that this news item is quite irrelevant for holding that the detention of the detenu is neces­sary to prevent him from carrying on with his nor......ult: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40 DLR 210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Bangladesh, 31 DLR (AD) 1; Rawshan Bejoya Shawkat Ali, 18 DLR (SC) 214; Mrs. Sajaeda Pa..

Category: Criminal Law | Date: | Hits: 156

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....r with the finding of the trial Court and held that sale deed Ext. 2 was a bona fide document for valuable consideration and it was duly acted upon and that the plaintiffs are the co‑sharers of the holdings no learned Additional District Judge also held that the deed executed and registered by def......vidence in this regard was adduced. In this connection the, decision in the case of Habibur Rahman Vs. Abdul Wadud and others reported In 21 DLR page 382 may be referred. 13. Now I like to pass over to consider if the sale deed Ext. ‘A’ covering 1.28 acre described in schedule 'cha’ of t..

Category: Property Law | Date: | Hits: 122

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

....tion of any returned candidate as void. It can also declare the petitioner or some other person a duly elected or it can declare that the whole election is void. But it cannot recount the votes after holding that the poll was adjourned. If the poll was adjourned due to any mason, then the only proce......pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ..

Category: Election Law | Date: | Hits: 240

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

.... upheld on appeal. Aggrieved defendant petitioner then obtained the present rules. 5. The first question that falls for deter­mination is whether the courts below committed any error of law in holding that the plaintiffs are not workers. Mr. Kazi A T Monwaruddin, the learned counsel appearing...... and another Vs. Sudhangsu Bikash reported in BCR 1987 (AD) 454 that when an employee is found to be a worker whether he belongs to the corporation or to any enterprise of the corporation he will be governed by the Labour Law, that is, the said Act. It is also hold therein that the very moment it is..

Category: Labour and Industrial Law | Date: | Hits: 176

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

....nual general meeting is the balance sheet, profit and loss account for the year ending 1993, the meeting was adjourned. The meeting was not held and hence this application for condonation of delay in holding the 29th annual Judgment general meeting for the calendar year 1994. 3. It appears that ......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101...

Category: Company Law | Date: | Hits: 358

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

.... Court of Sessions Judge, Dhaka. The Sessions Judge Dhaka, not sitting in his ejlash at the Dhaka District and Sessions Judge's Court situated at Johnson Road, Dhaka but sitting in the first floor of holding No.3/13, Public Works Building No.10/141, situated in between the Begum Bazar and Nazimuddin......said building at Nazimuddin Road, Dhaka, had been established as a Court of Sessions Judge with effect from 28th August, 1995. Section 9(2) of the Code of Criminal procedure runs as follows: "The Government may, by general or special order in the official Gazette, direct at what place or the Cour..

Category: Criminal Law | Date: | Hits: 121

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

....nsfer was out sale and the instrument of reconveyance of the land sold was obtained subsequent to filing of the pre‑emption case under section 96 of the Act by respondent No.5, a co‑sharer of the holding transferred. The law inserted in the said Act by section 95A is a beneficial one. In order t......h Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J Rup Charan Das @ Sree Rupcharan Das & another................Petitioners Vs. Government of the People's Republic of Bangladesh and others.............Respondents Judgment M..

Category: Property Law | Date: | Hits: 95

Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....ev. No.1 of 1829) in no way infringes any of the fundamental rights envisaged in Part III of the Constitution of the People's Republic of Bangladesh. Failure to establish such right is sufficient for holding that this petition has no leg to stand under Article 102 of the Constitution. The matter doe......risdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Mizan Howlader...............Petitioner Vs. Bangladesh, represented by the Secretary in the Ministry of Establishment, Government of the People’s Republic of Bangladesh and another...............Respondents Judgment..

Category: Constitutional Law | Date: | Hits: 247

Azimonnessa Vs. Rup Gazi & others, 1986, 15 CLC (HCD)

....t has established sufficient cause for not apply­ing for the setting aside of the abate­ment within time need not be overstrict in expecting such proof of the suggested cause as it would accept for holding certain fact established, both because the question does not relate to the merits of the dis......ourt of India has pointed out that the Court, in considering whether the applicant has established sufficient cause for not apply­ing for the setting aside of the abate­ment within time need not be overstrict in expecting such proof of the suggested cause as it would accept for holding certain fac..

Category: Civil Law | Date: | Hits: 121

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

.... so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with section 281 (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction to hold the same on a suita......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

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

....ontained in Memo No.51/10/70-71 dated 13.9.70 which has been annexed as Annexure‑H to the supplementary affidavit filed by the petitioner on 12.5.94. Subsequently, the post which the petitioner was holding was redesignated as the post of Assistant Professor in the Department of Political Science a......plication under article 102 of the Constitution the dismissal of the petitioner who happened to be a Professor of Political Science in a college named Kapilmuni College in the District of Khulna the Governing Body which has been made the respondent No.3 in this Petition, by an order passed under the..

Category: Employment/Service Law | Date: | Hits: 226

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....s, the false case of the plaint is liable to be dismissed with Cost. 7. The learned Subordinate Judge by his Judgment and decree dated 31.5.86 dismissed the suit on contest against the defendants, holding the suit to be not maintainable. 8. From the Judgment and decree dated 31.5.86 of the Sub......Court of District Judge, application dated 9.11.91 of the plaintiffs was redundant and being a case under special law (i.e. Waqf ordinance), the application of section 36 of the Waqf Ordinance would cover everything and the learned Advocate for the opposite parties submitted that the Rule obtained b..

Category: Trust/Waqf Law | Date: | Hits: 181

Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)

.... by the Appellate Division in above decision reported in BCR 1987 (AD) 152, we hold that the Revenue Officer dealing in mutation of the name in the record of rights is also a Revenue Court. As we are holding this view relying upon the above decision of the Appellate Division, we need not refer this ......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...

Category: Criminal Law | Date: | Hits: 142

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

...., Sadar, Noakhali who was deemed to be an Additional Sessions Judge by virtue of the proviso to sub-section (3) of section 9. He discharged the same by the impugned judgment and order dated 27.11.83, holding that he found no procedural illegality in the final order of the learned Magistrate. 5. T...... whether he shall be deemed to be an Ad­ditional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, references and reviews if they are made over or transferred to him by the Sessions Judge." 2. The Full Bench itself was constituted in th..

Category: Criminal Law | Date: | Hits: 158

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

....r and came back after the occurrence with his grand-father. On his arrival he found his mother lying dead in the west bhiti hut. He also said that his grand-mother asked him and his sister not to cry holding out threat to them. P.W.2 Diba and P.W.3 Bacchu Miah in their evidence has narrated certain ...... In his evidence also P.W.1 Chunu Miah could not and did not say that he heard from P.W.2 Diba P.W.3 Bacchu Miah or from anybody that appellant No.1 and 2 killed his sister Lechu Bibi or they did any overt act so as to cause her death. He has also not stated that he heard from his niece P.W.2 and ne..

Category: Criminal Law | Date: | Hits: 101

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....It is their case that this Ram Chandra Paul, the vendor of the plaintiff, was the owner, no doubt, but he left this country in 1053. Thereafter, one Abdul Kader, a non local, had been residing in the holding with his family and also inducted some other persons in the suit holding as his tenants with......ibur Rah man and amongst the occupants some had filed application for lease of the suit holding. Since the owner Ram Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created forg..

Category: Property Law | Date: | Hits: 134

Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)

.... shall hereinafter be called the Act.) 2. Opposite parties 1 and 2 brought the case for pre‑emption within the statutory period of limitation on the ground that they are co‑sharers in the case holding. The case land was transferred by the opposite party 3 to stranger opposite party 1 on 13.7.......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..

Category: Property Law | Date: | Hits: 106