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Giasuddin Ahmed and others vs. Bangladesh and others, 2010, 39 CLC (HCD)

....eneral with Delowar Hossain Samaddar, Assistant Attorney General-For respondent No.2. Writ Petition No.1380 of 2009. An application under Article 102 of the Constitution of the People's Republic of Bangladesh Judgment Md. Mamtaz Uddin Ahmed J.- Initially on 22.2.2009 the Rule was i......cate the judgment and order to respondent No.2 and 6 at once. Ms. Naima Haider J. - I agree. Ed. This Case is also Reported in:   31 BLD (HCD) (2011) 405; 64 DLR (HCD) (2012) 314. ..

Category: Constitutional Law | Date: | Hits: 145

Swapan Kumar Majumder Vs. State, 2011, 40 CLC (HCD)

.... on bail is discharged from the bail bond. Office is directed to send down the records at once. ANM Bashir Ullah J.- I agree. Ed. This Case is also Reported in: 31 BLD (HCD) (2011) 486. ......urled acid towards Pushpa Rani and Sudangshu was standing with a dao but in his evidence he had a departure to his earlier statement. It is true that the first information report is not a substantive peace of evidence but genesis of the case. The Court can and should take notice to the earliest reco..

Category: Criminal Law | Date: | Hits: 74

Chittagong Textile Mills Ltd. Vs. Chairman, Labour Court, Chittagong and another, 1992, 21 CLC (HCD)

....ted 15.6.87 reinstating the respondent No.2 to his previous post was stayed. 3. The relevant facts for the disposal of the Rule are as follows: The petitioner Chittagong Textile Mills Ltd. is a public limited company having its office and factory premises at North Kattali, PS Pahartali, Chitta...... In the result, the Rule is made absolute with the above modification in the order of dismissal. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 159. ..

Category: Labour and Industrial Law | Date: | Hits: 120

Moyezuddin Mondal Vs. Bena Rani Das & others, 1992, 21 CLC (HCD)

....cuments filed by the parties concerned. In exercise of this discretion the Court has to consider that if there is no doubt about the genuineness of the documents produced, such as certified copies of public documents or records of judicial proceedings, the Court should not shut out the purpose from ......d order stands valid and effective being not challenged. Let a copy of the judgment be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 154. ..

Category: Procedural Law | Date: | Hits: 76

M Mahmood Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs and another, 1991, 20 CLC (HCD)

.... Pushker Mukharjee and others Vs. The State of West Bengal (AIR 1970 (SC) 852); The State of Bombay Vs. Atma Ram Shridhar Veidya (AIR 1951 (SC) 157); Nurunnahar Begum Vs. Government of the People's Republic of Bangladesh and others (29 DLR 372); Keshave Nilkanth Joglekar Vs. The Commissioner of Poli......orted in 1942 AC 206 in which Lord Atkin laid down the famous dicta as under: "Amidst the clash of arms, the laws are not silent; they may be changed, but they speak the same language in war as in peace". The respondents in their affidavit‑in‑opposition mentioned about reports published in se..

Category: Constitutional Law | Date: | Hits: 178

Silver Estate Ltd. Vs. Abdul Hakim Mia and others, 1991, 20 CLC (HCD)

....was detected the firm was reconstituted with defendant Nos. 2 and 4; that previous partners Mrs. Azimunnessa, Md. Azizul Huq and Abdul Hakim Mia (defendant No. 1) retired from that firm by publishing public notice in the newspaper and the Registrar of Firms was given intimation of such retirement an......the defendants over the title of the suit property. In that view of the matter cross‑objection filed by the respondent No. 1 is rejected. Ed. This Case is also Reported in: 43 DLR (1991) 360. ..

Category: Civil Law | Date: | Hits: 92

Anika Ali Vs. Rezwanul Ahsan, 2011, 40 CLC (AD)

....sidering any matters relating to the custody of the child should also keep in mind the provision of Article 3 of the CRC, which provides that in all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislat......on. This petition is dismissed with the above observations without, however, any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 77, 17 MLR (AD) (2012) 49. ..

Category: Family Law | Date: | Hits: 327

Bera Pourashava and another Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....tions of Municipalities Rules, 1978 with the proposal for the curtailment of certain areas of Bera Municipality within District Pabna as mentioned in the schedule and comments and objections from the public has been sought. It is further stated that the DC accordingly took steps and submitted a repo......gment and order dated 11.05.2005 passed by the High Court Division in respect of Writ Petition Nos.5036 of 2002 and 3007 of 2003 are hereby set aside. Ed. This Case is also Reported in: ..

Category: Election Law | Date: | Hits: 152

Bangladesh Vs. Md. Abdul Alim and others, 2010, 39 CLC (AD)

.... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185....... and the respondents within 2(two) weeks thereafter to make the appeals ready. The appeals are fixed for hearing on 22nd February, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 185...

Category: Administrative Law | Date: | Hits: 188

Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)

....he Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the defendant by publication and circulation of a defamatory petition addressed to the then Governor of East Pakistan......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314...

Category: Civil Law | Date: | Hits: 89

Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)

....Ali Sheikh were recorded owners of the lands recorded in LIZ Khatian Nos. 370, 371 and 345 of Mouza Kapalbhera, PS Galachipa in the district of Patuakhali. Along the cast of the said lands flowed the public navigable river Bura Gouranga. Due to diluvion some portion of the lands submerged in the riv......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ..

Category: Property Law | Date: | Hits: 77

AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)

....t in violation of the provisions of the rules of the Bank and in collusion with Sk. Maniruzzaman dishonestly misappropriated the said amount and by corrupt and illegal means abusing their position as public servant obtained pecuniary advantage either for themselves or for the borrower and that they ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..

Category: Criminal Law | Date: | Hits: 63

Sadharan Bima Corporation Vs. The Dhaka Dyeing and Manu­ facturing Company Limited, 1990, 19 CLC (HCD)

....e at all in view of condition No. 13 of the said policies that the alleged occurrence which took place on the night between the 17th and 18th November, 1971 was not a riot nor was it a disturbance of public peace but it was an occurrence occasioned by or through or in consequence, directly or indire......l in view of condition No. 13 of the said policies that the alleged occurrence which took place on the night between the 17th and 18th November, 1971 was not a riot nor was it a disturbance of public peace but it was an occurrence occasioned by or through or in consequence, directly or indirectly, o..

Category: Alternative Dispute Resolution | Date: | Hits: 170

State Vs.Joynal Abedin and another, 1990, 19 CLC (HCD)

....egations against a presiding officer of the court should not be construed as contemptuous allegation to bring a court into disrepute or to lower the status and position of the Court in the eye of the public as the presiding officer of the court is not identical with the court itself. The court shoul......are of the opinion that no case for contempt is made out against any of the contemners in this case. The Rule is, therefore, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 261. ..

Category: Criminal Law | Date: | Hits: 64

Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)

..... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242........ The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242...

Category: Civil Law | Date: | Hits: 79

Serajul Islam Vs. The Director General of Food, 1990, 19 CLC (HCD)

....joy the protection of law) of the Constitution in any manner. Article 102(5) of the Constitution reads as- "In this Article, unless the context otherwise requires, 'person' includes a statutory public/authority and any court or tribunal, other than a Court or tribunal established under a law r......In the result, on the grounds stated above the application of the petitioner is summarily rejected. The prayer for certificate is refused. Ed. This Case is also Reported in: 43 DLR (1991) 237...

Category: Administrative Law | Date: | Hits: 175

Hussain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....ar of this case which petition the accused himself could have affirmed but he did not do so. 2. Facts leading to this, in short, are: that the accused who is the former President of the People's Republic of Bangladesh had resigned from the post of Presidency on 6th of December, 1990. He was arres......e, with the above observation I fully agree with the decision of my learned brother Anwarul Hoque Chowdhury J. that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 347. ..

Category: Criminal Law | Date: | Hits: 73

Shaikh Baharul Islam Vs. State, 1990, 19 CLC (HCD)

.... participation in criminal acts only makes an accused liable yet as an exception to this general rule, a man may be equally guilty if he omits to do what is required of him as a general member of the public to save the life of a person who but for his timely assistance may be done away with. 24. ......se. In the result, the appeal of Abdul Bari is allowed and those of others are dismissed with the modification of sentence as aforesaid. Ed. This Case is also Reported in: 43 DLR (1991) 336. ..

Category: Criminal Law | Date: | Hits: 87

Agragami Engineers Ltd. Vs. Bangladesh Bank and others, 1992, 21 CLC (HCD)

....t Nos. 1 and 2. Writ Petition No.1652 of 1992. Judgment Anwarul Haque Choudhury J.- This Rule arises out of an application under Article 102 (2)(a) (ii) of the Constitution of the People's Republic of Bangladesh and is directed against a letter being Memo No. Engg. 7/7‑624/92 dated 31st M......bound by the submission. In the result, this Rule is discharged with the observations as stated above without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 134...

Category: Others | Date: | Hits: 123

Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....d to be independent in the exer­cise of its functions, that the law of Contempt of Court cannot be used to conceal unconsti­tutional practices of the Court, that the Courts are required to consider public opinion before adjudging actions as being contempt of Court and punishing citizens for commis......lature act within the framework of not only the law also the fundamental law of the land. This duty is apart from the func­tion of adjudicating the disputes between the parties which is essential to peaceful and orderly development of the society. If the judiciary is to perform its duties and funct..

Category: Criminal Law | Date: | Hits: 124