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Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....-General, S. Rashed Jahangir, Additional Attorney-General, Md. Eramul Hoque, Additional Attorney-General, Pratikar Chakma, Assistant Attorney-General, Ms. Purabi Sana, Assistant Attorney-General and Khandaker Diliruzzaman, Assistant Attorney-General - For the Respondents (In both the Writ Petitions)...... shall follow upon such disposal. 2. Further to the Application in Writ Petition No.2669 of 2000 a Rule Nisi was issued with regard to the Rangamati, Khagrachari and Bandarban Hill District Local Government Council (Amendment) Acts, 1998 (Acts Nos.9, 10 and 11 of 1998) and the Chittagong. Hill tr......Kamal J's observation above came to be reinforced by that of Shahabuddin Ahmed CJ in the Kudrat-E-Elahi Panir case when the latter at paragraph 20 at page 330 said that local Government "is meant for management of local affairs by locally elected persons." 37. It is against such judicial dicta th..Category: Constitutional Law | Date: | Hits: 314
Jewel Vs. State, 2005, 34 CLC (HCD)
....nnan (P.W.6), Constable Harunur Rashid, Constable Abdul Baten (P.W.5) went on emergency patrol duty, at about 12.30 A.M. they received on information to the effect that 15/20 persons being armed with hand bomb and other weapons were taking preparation for committing cognizable offence at Wise ghat a......ise ghat area. Sensing their presence the perpetrators tried to flee away but the police succeeded to arrest four accused namely, (1) Mobarak, (2) Jewel, (3) Jalal and (4) Sohrab alias Bayezid and recovered four hand bomb from them in presence of local witnesses namely Abdul Hamid Khokan (P.W.3) and....... 1908 and he is acquitted of the charge. Send down the lower Court's records at once with a copy of the Judgment for information. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 310. ..Category: Criminal Law | Date: | Hits: 85
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....itioner and as such the Judgment and order dated 29.01.2004 passed by the special Tribunal No.6 should be quashed. 10. Mr. S.M. Shahjahan Kabir, the learned Assistant Attorney General on the other hand submits that the prosecution has proved its case against the accused petitioner by the evidence...... admitted that he has a pipe gun and some looted articles with him; that according to the confession of accused, the informant party went to his house on 02.08.2001 at night about 2.35 hours and recovered a pipe gun from the house of the petitioner and prepared seizure list and that the petitioner......le thus fails. In the result the rule is discharged. Let the LCR be sent down immediately. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 189. ..Category: Criminal Law | Date: | Hits: 99
Chowdhury Ataur Rahman Azad Vs. State, 2009, 38 CLC (HCD)
....his argument the learned Advocate for the petitioner refers to the case of Shahera Khatun Vs. State, 6 BLC (2001) 604. 6. Dr. Md. Bashir Ullah, the learned Assistant Attorney-General, on the other hand, submits that police has unfettered right to conduct further investigation whenever new facts a......nd Court for trial. On 01.3.2009, the learned Joint Sessions Judge framed charge against the accused-petitioner under sections 143/448/3857 506/34 of the Penal Code. The charge was explained and read over to him to which he pleaded not guilty and claimed to be tried. 5. Mr. M.M. Nuruzzaman learne......, District-Sylhet. Send down a copy of this Judgment to the lower Court for necessary action at once. Md. Imman Ali J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 186. ..Category: Criminal Law | Date: | Hits: 84
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....pellant-oppositeparties (Contesting-Defendant No. 3) 2. Harun Kha. 3. KhokonKha sons of late Raja Kha, Piorjpur Town, Police Station and District-Pirojpur. 4. Bina Begum wife of Abdul Hakim Khandaker of Pirojpur Town, Police Station and District- Pirojpur. 5. Mina Begum, wife of Kawsar A......of Abdul Hakim Khandaker of Pirojpur Town, Police Station and District- Pirojpur. 5. Mina Begum, wife of Kawsar Ali @ Manik Akon of Village-Shikarpur, Police Station & District-Pirojpur 6. Government of People's Republic of Bangladesh represented by the DeputyCommissioner Pirojpur ..............side and that of the trial court is restored. However, there shall be no order as to cost. Send the LCR back to the courts below. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 470. ..Category: Property Law | Date: | Hits: 119
....ment the judgment and order complained of without further delay. The order of stay granted earlier by this Court is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 606.
......hment; …………………”
13. Annexure F to the writ petition is the part of the gazette notification dated 9‑3‑91 containing the decision/award of the 4th Wage Board constituted by the Government for Newspaper Employees under the Provisions of section 11 of Act 30 of 1974. In the said ...... that authority, and
(iii) in relation to any other shop, commercial establishment or industrial establishment every Director, Manager, Secretary, Agent or other officer or person concerned with management thereof and responsible to the owner for the supervision and control of such shop, commer..
Category: Labour and Industrial Law | Date: | Hits: 215
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....rd No.55. 14. Before withdrawal of additional charge to perform as Nikah Registrar, the petitioner was not entitled to any show cause notice or being heard in person. The petitioner in the case in hand was appointed as Nikah Registrar for Ward No.53 purely on temporary basis in addition to his ow......istration) Rules, 1975 As per Rule 23(10) of the new Rules, 2009 the additional charge to function as Nikah Registrar shall remain valid for a period of 120 days. The respondent No.4 accordingly took over the charge, the petitioner long after on 6.10.2009 challenging the impugned Memo dated 26.8.200......ssed above both the Rules issued in Writ Petition Nos.3392 of 2009 and 6235 of 2009 are discharged but without any order as to costs. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 222. ..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
.... disclosed and there is no substantive proof to treat the MoU as a tangible property since it has never been exposed to any valuation either through any usage, or by any other means; and on the other hand its owner is the Bank, not any individual, as such, complainant-opposite-party No.2's claim as ......-1999 to 14-8-2005. And at the time of incorporation of the Bank his number of share was 100,000 @ Taka 100 per share and that number of share with bonus shares, stood at 3,25,000 on 16-11-2008. The Government through Circular No.BRPD No.8 & 12 dated 26-4-2003 directed all the commercial banks......lst each term is for three (3) years i.e. not to hold office of Director for more than six (6) years consequently. To enter into an arrangement to constitute the future Board of Directors and for the management of theBank on 12-8-2004, nineteen (19) Directors of the Bank including the complainant-op..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....Ahmed Md. Vs. State and another, 49 DLR (AD) 64 = 1997 BLD (AD) 123; Md. Sami Ullah Khan Vs. The State (1963) 15 DLR (SC) 150; Feroj Khan Vs. Captain Golam Nabi, (1966) 18 DLR (SC) 289; Abdur Rashid Khandaker Vs. Chandu Master, (1964) 16 DLR (SC) 505; State Vs. Khandaker Md. Moniruzzaman, BLT (AD) 9......se No.300 of 2008 against AKM Fayekuzzaman, proprietor of M/S. Khandaker Business International stating, inter alia, that the complainant is a contractor and her husband Md. Yakub Ali is a 1st Class Government officer who is acquainted with the accused who is a reputed 1st class contractor; that t......ce, if any, if she wished under actual facts. Let a copy of this Judgment be sent to the trial Court at once for necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 37. ..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....s to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ......eme Court High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Eddystone Broadcast…………………Petitioner Vs. Government of Bangladesh & Others………………….Respondents Judgment July 22, 2010. ......ioner's tender in accordance with law in the light of the findings made in the body of the Judgment. There is no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 7. ..Category: Others | Date: | Hits: 127
Ms. Nurunnahar Begum Vs. Sheikh Moqbul Ahmed and others, 2009, 38 CLC (HCD)
.... section 373 of the Succession Act as suit there by fallen into error of law and fact in passing the impugned order. 10. Mr. Md. Israfil Hossain, learned Advocate for the respondents, on the other hand, submits that, deceased died without making any body nominee of the provident fund and without ......he Bank. In respect of 'gha' schedule i.e. provident fund of the deceased from Bangladesh Red Crescent Society, it is her case that Muslim Law of inheritance has no manner of application and it is governed by the service rules and regulations of the society. Learned Joint District judge in respe......nected Civil Rule No.576 (f/m) of 2004 is made absolute. Send down the lower Court records at once. AKM Abdul Hakim, J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 145. ..Category: Civil Law | Date: | Hits: 136
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....The informant noticed that the said passenger was behaving in an abnormal manner without reporting to the transit desk and looking around in search of someone. He then kept his brief‑case and other hand baggage on the floor and went up to the first floor through the stair‑case. The informant fol...... jacket in a scrupulous way by using scotch tape. Each of those packet was found to have contained 8 gold bars of 10 tolas each. In total 160 gold bars of 1600 tolas worth Taka 1,28,00,000.00 were recovered and were seized under a proper seizure list. This passenger co‑accused Sajid Hossain could ......pon the appellant is hereby set aside and the appellant is acquitted of the charge. The appellant is discharged from his bail bond. Ed. This case is also Reported in:49 DLR (HCD) (1997) 407. ..Category: Criminal Law | Date: | Hits: 100
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
....and he was apprehended by D. Mamunur Rashid and others. The other fleeing dacoit, namely condemned prisoner Emdad, was apprehended by the people and police at village Malotinagar with the revolver in hand and they were brought back to Md. Ali Hospital where the person who fired at Abdur Rashid discl......hot from a weapon like revolver which hit the back of Saferuddin causing bleeding injury who fell down on the floor. Thereafter the miscreant snatched away the rexine bag containing the money, scaled over the railing o the verandah and started fleeing. Another miscreant was standing just below the v......d appellant Mofazzal Ali Haider @ Md. Haider Ali under section 120B of the Penal Code is set aside and he is acquitted of that charge. Ed. This case is also Reported in:49 DLR (HCD) (1997) 381. ..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
....is family and some officials on duty were killed by the army personnel in the early hours of 15‑8‑75. In the First Information Report 14 persons including the husband of present petitioner Major Khandker Abdur Rashid, all of whom were army officers, and some others were named as the persons who ...... has been observed by the Appellate Division of the Supreme Court while hearing the petition for leave to appeal against the order of bail granted by the High Court Division [2 BLC (AD) 75]. Moreover, this confessional statement has been retracted by her and during hearing Mr. Mahbubur Rahman, ......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ..Category: Criminal Law | Date: | Hits: 107
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
....iddiq has submitted, however, does nothing to detract from the fact that for want of a better explanation the agreement dated 14.10.2004 simply reads as one executed for unlawful gain. On the other hand, and considered in that light and contest, and given the specificity of this Court's Order da......ctors to instead raise their concerns and allegations before the BOD prior to filling this premature Application. It is also contended that in any case the dispute in this Application is primarily covered by Article 38 of the Company's Articles of Association as allows for disputes of the nature a......er of meetings of the BOD, as well as Extraordinary General Meetings, as being in evidence of the fact of the active engagement and involvement of the Petitioners Nos.1 and 2, in particular, in the management of the Company in their capacities as executive directors as well as shareholders. It is ..Category: Company Law | Date: | Hits: 177
Azizul Hossain Mondal Vs. State, 2007, 36 CLC (HCD)
....heinous the offence involved in the case may be. A dispassionate and balanced approach to the vital aspects of the case and the law bearing on the subject is a precondition for administering even handed justice……………………………(37) Lawyers Involved: Anowarul Islam - For the......e innocent………………………(34) Conviction should not be awarded without the proof of clear, cogent, credible or unimpeachable evidence. There is no such evidence in this case. Moreover there is no eye witness of the occurrence and medical evidence supports the defence case. It ......e set at liberty forthwith if not wanted in connection with any other case. Send down the L.C.R. at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 241; 13 BLC (HCD) (2008) 565. ..Category: Criminal Law | Date: | Hits: 108
Abdus Salam Vs. Korban Ali and another, 1992, 21 CLC (HCD)
....endment of the plaint should be allowed for proper and complete adjudication of the suit. 4. Mr. Gour Gopal Saba, the learned Advocate appearing for the defendant opposite party No.1, on the other hand, submits that the application for amendment of the plaint is not a bonafide one as there has be......azi) by the Chairman of the Local Union Parishad under section 5(2) of the Muslim Family Laws Ordinance, 1961 (Ordinance 8 of 1961) for the entire area of the Habira Union Parishad i.e. for the area covered by Ward Nos.1, 2, and 3 of the said Union Parishad and he has been performing his duties as s......ent to the Court below immediately and on receipt of the same the lower Court is accordingly directed to inform the parties concerned. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 372. ..Category: Civil Law | Date: | Hits: 112
Mizanur Rahman Khan Vs. American Liner Systems, USA and others, 2010, 39 CLC (HCD)
.... P.W.1 8. Shippers Charge/freight 2-8-09 P.W.1 9. General Power of Attorney 2-8-09 P.W.1 9. On the other hand the defendants examined Mr. Jamiul Islam as D.W.1 who filed Letter of Authority which has been ...... port of Singapore and, as such, the suit is liable to be dismissed. 5. During the progress of the suit the defendant No.3A was added, who is the new agent of the feeder vessel 'MV Padma' who took over all the liability of the defendant No.3. The Defendant No.3A further filed written statement th...... Court fee paid is sufficient. Hence it is ordered. That the suit be and hereby dismissed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 132. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 693
....l the pledge share certificates and as such the impugned order of warrant of arrest is liable to be declared to have been passed without lawful authority and is of no legal effect.
7. On the other hand, Mr. Md. Nazmul Alam, the learned Advocate appearing for the respondent No.7 by filing affidavi......Court
High Court Division
(Special Original Jurisdiction)
Present:
Zinat Ara J
Sheikh Abdul Awal J
Dr. Md. Abul Kalam and another…………………………Petitioners
Vs.
Government of the People's Republic of Bangladesh, represented by the Cabinet Secretary, Bangladesh......municate this judgment to the respondent No.2, Artha Rin Adalat No.3, Dhaka at once.
Zinat Ara J.- I agree.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 338; 18 BLT (HCD) (2010) 185.
..
Category: Civil Law | Date: | Hits: 127
Standard Chartered Bank Vs. Artha Rin Adalat No.3, Dhaka & others, 2010, 39 CLC (HCD)
....of those decisions the respondent-petitioner has been adopting this dilatory tactics in the court below by filing an application under section 47 of the Artha Rin Adalat Ain, 2003. 7. On the other hand, none has appeared to oppose the Rule. 8. On the face of this submission, we have gone throu......Petitioner Vs. Artha Rin Adalat No.3, Dhaka & others .......Respondents Judgment August 2, 2010. Result: Rule is made absolute. Case Referred to- Humayun Hossain Khan Vs. Government of the People's Republic of Bangladesh, represented by the Secreta......ceipt of this order. 15. Let a copy of this judgment be sent to the concerned court at once for information and necessary action. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 213. ..Category: Civil Law | Date: | Hits: 186
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