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Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......20 DLR (SC) 249 (257); Ram Bali Rajbhar Vs. Slate of West Bengal, A.I.R. 1975(SC) 623; Nakkuca Ali, 1951 AC 66; Abdul Latif Mirza, 31 DLR (AD) 1; Mir Abdul Baqui Baluch, 20 DLR (SC) 49; Govt. of West Pakistan Vs. Be­gum Shorish Kashmiri, 21 DLR (SC) 1. Lawyers Involved: Dr. Kamal Hossain with......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ..

Category: Criminal Law | Date: | Hits: 108

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....orking as a senior assistant in Uttara Bank, Sylhet Branch. The plaintiff had no option but to join other striking employees and did not attend the office since 10‑9‑81. 6. The plaintiff was a member of the Uttara Bank Karmachari Union. The registration of the union was however, cancelled at ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....(13) of the Companies Act, 1913 reads as under: "Private company means a company which by its articles. a) restricts the right to transfer the shares, if any; and b) limits the number of its members to fifty not including persons who are in the employment of the company; and c) prohibits......urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......the defendants on 25.9.92. The defendant petitioners took exception to paragraph No.3 of the application. Paragraph No.3 of the application reads as under: “That the Chief of Staff of Bangladesh Army is the Chairman of the Board of Trustees of Sena Kalyan Sangstha and it is the desire that Mr. ..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......e Government and as such no relief was at all sought for. The petitioner could neither produce any other papers namely passport, voter list, etc showing that Md. Zahoor, an immigrant to the then East Pakistan, was present in this country during or after the war of liberation and his whereabouts was ......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ..

Category: Property Law | Date: | Hits: 81

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......, therefore, respondent No.1 acted within his jurisdiction in refusing to release the goods. The learned Deputy Attorney‑General in support of his contention, has referred the case of Government of Pakistan through Ministry of Finance and 3 others Vs. Monzoor Brothers reported in 1995 SC MR 516. ......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ......t petitioners under Order VII rule 11 of the Code of Civil Procedure for rejection of the plaint mainly on the ground that section 45 of the Intermediate and Secondary Education Ordinance, 1961 (East Pakistan XXXIII of 1961) clearly debars the jurisdiction of the civil Court in entertaining a suit c......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed. The plaint of title Suit No.12 of 2002 is hereby rejected. Ed. This Case is also Reported in: 57 DLR (2005) 34. ..

Category: Procedural Law | Date: | Hits: 72

Dipak Datta Bhola Vs. State, 2012, 41 CLC (AD)

....elp and maid used to live there. The informant filed a criminal case against those accused persons at Kotwali Police Station. Police guards were posted in the house for the safety and security of the members of the informant’s family. Accused A.B.M. Fazle Karim Chowdhury, a Member of the Parliamen......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ......and thereafter, the respondent shall file the concise statement to make the appeal ready expeditiously. Let the appeal be fixed for hearing on 17.04.2012. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)

...., 3 and 4 for opposite party No.1 stated in their cross examination that they have not signed any paper after the counting of votes. Witness No.5 for the opposite party No.1 stated that he does not remember that he has signed any paper. Witness No.6 stated in Court that at the request of the opposit......t they have been driven out from the room where the votes were counted by the other side. Mr. Islam referred to a number of decisions of this Court namely, the decision reported in 38 DLR and also of Pakistan Supreme Court, namely, PLD 1974 (SC) 139 and PLD 1963 (SC) 704 to which we shall advert at ......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..

Category: Election Law | Date: | Hits: 188

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

....this fact both the Courts believed that plaintiff opposite party came to this country as minor and the defendant petitioner became the lawful trustee in respect of acquiring property. 13. When the members of a Mohammedan family live in commensality, they do not form a joint family in the sense in...... was owned and possessed by him in India with the other co‑sharers. Plaintiff opposite party passed Matriculation examination from Patna University in 1949 and thereafter he came to the then East Pakistan to his brother, present petitioner, who was an employee in Railway. Plaintiff got himself a......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......0 of 1964 against the petitioner for ejectment from the premises in question on the ground of default of rent. The suit was resisted by the petitioner on the ground that on declaration of war between Pakistan and India in September, 1965 the opposite‑party became enemy citizen and no suit can be p......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..

Category: Property Law | Date: | Hits: 49

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

....nights and due to the adverse effect of the liquor administered to her, she became almost senseless and in fact she did not make any voluntary statement before the Magistrate and also she could not remember whether she had actually put any signature on any paper before the Magistrate. She made simil...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......he Ministry being the controlling authority the BIWTA is bound by its decision and direction. Annexure 'D' is a notification of the Rules published in the Dhaka Gazette by the then Government of East Pakistan Home (Transport) Department dated 7.1.60. This notification was published in exercise of th......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......d as against the respondent (State) did not prefer any appeal. 7. It is stated that the petitioner is innocent. He had no involvement in the case and he knew nothing about it. He joined Bangladesh Army on 17-11-70 and retired on 16-11-91. Since his retirement, the petitioner had been living in hi..

Category: Criminal Law | Date: | Hits: 79

Mirza Ashfaque Hossain and anoth­er Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)

....y a D.O. letter dated 05.07.2009 the local Member of Parliament wrote to the Inspector of Colleges for reconstitution of the Governing Body of the said College replacing the President and Bidyutshahi member and accordingly a new President and Bidyutshahi member were inducted by memo dated 17.08.2009......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..

Category: Others | Date: | Hits: 153

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....e is other sufficient reason warranti­ng review of this judgment and order. In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......me khas land of the Government, and it was also recorded in the S.A. khatian as khas land of the Government. It was further stated that the refugees from India had been possessing the suit land since Pakistan period as licensees under the Government and in 4 decimals of the suit land there is a non-......e is other sufficient reason warranti­ng review of this judgment and order. In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..

Category: Property Law | Date: | Hits: 58

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....ated hereinbelow: 5. More than 20 years ago, that is, in 1979 the writ-petitioner went to Rangamati and after being settled he has been residing there permanently with his wife, children and other members of his family. The writ-petitioner is a busi­nessman by profession and is a con­scious cit...... the status of a 'Non-regulated District'. The Indian Independence Act 1947 (the Act 1947), enacted by the British Parliament on 18 July, 1947 created the two independent dominions, namely, India and Pakistan with effect from 15 August 1947. Section 2 of the Act, 1947 specified the territories of th......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..

Category: Constitutional Law | Date: | Hits: 219

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

....ccurrence. This delay in holding the test identification parade threw a doubt in the genuineness thereof. Apart from the fact, it is difficult that after lapse of a long time the witnesses would be remembering the facial expressions of the appellant. If this cannot be relied upon there is no other e...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..

Category: Criminal Law | Date: | Hits: 80

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....s her husband was Relief Chairman right from 1972 to 1976. He was again re‑elected as Chairman in the year 1984. After her husband took over the charge as chairman, the miscreants, allegedly called members of Sarbahara Party, namely (1) Mujibur, son of Mirash Ali Akhad of village Rajnarikel,(2) Sa......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1...

Category: Employment/Service Law | Date: | Hits: 158

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....stake or error in the award, to order specific performance, and to make an interim award." In Chandris Cohen, LJ also spoke for the Court and observed at page 624 "In this connection it is to be remembered that in 1933 all the relevant cases would have been heard by a judge with a jury. In any vi...... Irrigation, Golimala and others Vs. Abnaduta Jena, AIR 1988 (SC) 1520; Messrs AZ Chowdhury Vs. Messrs S Maula Buksh Muhammad Bashir, PLD 1965 (SC) 505; Suleman Haji Muhammad and Co Vs. State Bank of Pakistan, PLD 1960 (Kar) 78; Champsey Bhara Company Vs. The Jivraj Balloo Spinning and Weaving Compa......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ..

Category: Alternative Dispute Resolution | Date: | Hits: 156