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Baby Masum & another Vs. Bangladesh Film Development Corporation, 2009, 38 CLC (HCD)

....s of the said case contain some similarity with the facts of this case to the extent of dishonor of post-dated cheques. But there are certain differences as well. The difference lies in the fact that prior to issuance of the cheques the accused petitioners had made payment of the major part of the d...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ...... Magistrate, Dhaka is hereby quashed. Send a copy of this judgment to the learned Chief Metropolitan Magistrate, Dhaka immediately. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 29. ..

Category: Criminal Law | Date: | Hits: 95

Saudi Bangladesh Services Company Ltd. Vs. Saudi Arabian Airlines Corporation, represented by its Country Manager, 2009, 38 CLC (HCD)

.... finalised. Kindly inform me of a convenient date and time for proper deliberations with adequate opportunity to deal with each of the issues before the award is made. If there is such an opportunity prior to finalising the Award, then, I shall certainly make myself available to deliberate upon thes......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ......e. Accordingly, the Award dated 8-4-2006 is hereby set aside. There will be no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 20; 14 MLR (HCD) (2009) 441.  ..

Category: Alternative Dispute Resolution | Date: | Hits: 385

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

....) of sub-section (1) of section 190 Cr.P.C. and lake cog­nizance on that police report (10 DLR Dhaka 152) but where there is not only a police report but a completed investigation, conducted without prior permission, the proceeding on the basis of the said, would be an illegality. 23. In the cas...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306....... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...

Category: Criminal Law | Date: | Hits: 76

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

....he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ......inventory. (k) In the above circumstances, the applicant by various letters including the letters dated 24.03.2011 and 27.03.2011 requested the Minister for Industry and the Secretary of the same Ministry and respondent No.4 to release the wheat stored in the leased godown at Dhaka Match Factory..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279.......owner Amena Khatun and others to facilitate allotment of the land in question to him. Writ-respondent No.7 obtained certified copy of the order of dismissal on 27.7.2004 and submitted the same to the Ministry of Housing and Public Works on 31.7.2004 for taking necessary action. After submitting the ..

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ......the Government machinery and reorganizing the Mujibnagar government accepted the Mujibnagar Employees to have always been in the service of the Republic, took various decisions from time to time. The Ministry of Establishment made standing instructions to recruit Mujibnagar Employees but despite suc..

Category: Others | Date: | Hits: 138

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

....g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ...... giving rise to the civil petitions, in short, are as under: The writ petitioners have been working in various development projects of the Local Government Engineering Department (LGED) under the Ministry of LGRD and Co-operatives. They have been appointed in their respective posts during the pe..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....e acceptance of these conditions were the basis of their appointment. We find substance in the submission made by the Attorney-General and if the vires had to be challenged they ought to have done so prior to acceptance of the conditions of the service. In that respect, the petitioner has not come w......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......r Reza Chowdhury J MM Ruhul Amin J Ali Hossain Fakir (Md.) and 5 others………………………Petitioner Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others………………………Respond..

Category: Employment/Service Law | Date: | Hits: 91

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......bmitted a report on 16-8-1982 stating that all the allegations made against the petitioner were baseless and false. By an order dated 23-8-1982 the Chief Martial Law Administrator (CMLA) directed the Ministry of Shipping to re-instate the petitioner to his former post of Secretary of the BSC. In pur..

Category: Others | Date: | Hits: 142

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....bts surrounding his return from training school in India without any permission from the concerned authority on 20th August, 1975 after the occurrence of 15th August, 1975 pointed to show that he had prior knowledge of the occurrence of the 15th August, 1975 and his mysterious departure for Libya in......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201....... High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Rieta Rahman…………Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others……………R..

Category: Criminal Law | Date: | Hits: 76

University Grants Commission and another Vs. University of Information Technology and Science and another, 2012, 41 CLC (AD)

....ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......ty Grants Commission (respondent No.2)" is stayed for a period of two months from date. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 161; 17 BLC (AD) (2012) 84; 32 BLD (AD) (2012) 169. ......e, operation of the impugned Memo dated 25.10.2009 was stayed. 3. The case of the petitioner as made out in the writ petition, inter alia, was that it was established on 07.08.2003, vide Education Ministry's Memo No. সিম/শাঃ ১৪/৮ বেঃ বি-৭/২০০৩/৩৮০, thro..

Category: Others | Date: | Hits: 197

Kazi Mohammad Amin Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....itioner and perused the judgment of the High Court Division and other con­nected papers. 3. It is undisputed that the writ peti­tioner was serving as a lecturer in Chagachor Senior Fazil Madrasa prior to his appointment as temporary Nikah Registrar. Subsequently he in writing requested the Prin......on upon correct assessment of the materials on record arrived at a correct decision. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: 17 MLR (AD) (2012) 74. ......in CJ MM Ruhul Amin J Md. Hassan Ameen J Kazi Mohammad Amin......................................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Dhaka & others................................

Category: Civil Law | Date: | Hits: 87

Hafizuddin Ahmed and another Vs. Mahbubul Huq and others, 1983, 12 CLC (AD)

....eding before the Appellate Division. There is hardly any dis­pute that a question of law may be raised at any stage of a proceeding. But if the determination of a question of law is depen­dent upon prior determination of a question of fact then this principle of law will not be applicable. Whether......owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ......owed. The judgment and decree of the High Court Divi­sion is set aside and that of the trial Court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 174. ..

Category: Property Law | Date: | Hits: 58

Commissioner of Taxes, Chittagong Zone Vs. M/S. M. Ismail and Sons, 1982, 11 CLC (AD)

.... not barred by limitation. The assessee pre­ferred a second appeal before the Income Tax Appellate Tribunal, which allowed the appeal and annulled the order of re-assessment on the findings that (i) prior to 1963, the definition of 'person' did not include 'firm'; (ii) that the Income Tax Officer h......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ......rectly interpreted the expression 'person.' Accordingly, Civil Appeal No. 115 of 1981 is dismissed, without any order as to costs. Ed. This case is also reported in: 35 DLR (AD) (1983) 165. ..

Category: Fiscal/Taxation Law | Date: | Hits: 104

Shafiqur Rahman and others Vs. Nurul Islam Chow­dhury and others, 1982, 11 CLC (AD)

....engal for the Bengal Division of the Presidency of Fort William in Bengal; and that the said Court shall be and continue as a Court of record and that all proceedings commenced in the said High Court prior to the date of the publication of these Letters Patent shall be continued and depend in the sa......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ......cessary to make any further observation in this regard. Order of the Court. By the majority judgments, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 127. ..

Category: Others | Date: | Hits: 135

Abu Saber Aziz Mohammad and others Vs. Government of Bangladesh and others, 1976, 5 CLC (AD)

....until the Government had acquired the said lands under the provision of the State Acquisition and Tenancy Act. Schedule B lands accreted to Schedule A lands, as it appears from the facts of the case, prior to the acquisition of the said lands by the Government. These Schedule B lands were not purpor......manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218.......manded to the trial Court for disposal in the light of the observa­tion made above. There will be no order as to costs in this appeal. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 218...

Category: Property Law | Date: | Hits: 75

Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

....re, no doubt, some allegations in the plaint as to dilu­vion of the land in suit and subsequent reforma­tion of the said lands but they happened, accor­ding to the said allegations, long ago i.e., prior to May 1924. The plaintiffs have prayed in the suit for a declaration of their title which acc......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...

Category: Property Law | Date: | Hits: 133

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

.... in 13 MLR (AD) 185, where their Lordships have taken the view that where alternative remedy is available before any other forum, the criminal proceedings are not at all liable to be quashed at least prior to stage of hearing under section 241A of the Code of Criminal Procedure. 8. So far merit o......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351.......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....n-law to the plaintiff respectively to the effect that the schedule land was gifted to defendant No.1 the mother of defendant No.2 Kamrun Nahar by a registered gift deed No.6457 dated 25-11-2001 i.e. prior to the gift made by Kamrun Nahar to her husband on 29-11-2001 as such the khatian cannot be pr......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ......g Ministries experts, NGOs, Red Crescent etc at the earliest time. 35. The committee to be constituted by the Government may be called "Earthquake Preparedness and Awareness Committee." 36. The Ministry of Disaster Management will immediately obtain the advice of the Prime Minister to the form..

Category: Constitutional Law | Date: | Hits: 211