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Niranjan Malaker & another Vs. State, 2009, 38 CLC (HCD)
....rresponding to GR Case No.377 of 1998 convicting the appellants Niranjan Malaker and Shyama Kanta Das and two others under sections 302/34 of the Penal Code and sentencing each of them to suffer imprisonment for life and also to pay fine of Taka 5,000 in default to suffer rigorous imprisonment for o......njan served under accused Shyama Kanta Das. 14. P.W.5 Israil Ali is the chowkider of Kazirbad village. He states that on 15-8-98 he saw a dead body floating in the Hakalukhi Haor near his home and called his villagers Sona Mia and Mokaddes Ali and showed them the dead body and they identified the......erty forthwith if not required to be detained in any other connection. Send down the LCR with a copy of this Judgment at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 387. ..Category: Criminal Law | Date: | Hits: 75
Abdul Malek Vs. District Co-operative Officer, Cox’s Bazar and others, 1997, 26 CLC (HCD)
.... Abdul Malek………………Petitioner Vs. District Co-operative Officer, Cox’s Bazar and ors…………………Respondents Judgment April 9, 1997. Result: The Rule is made absolute. Lawyers Involved: Mohammad Ismail with Omar Farook, Advocates - For the Petitioner. ......en made without lawful authority and is of no legal effect. In the facts and circumstances of the case there no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 426. ......chased fishing nets and also employed fishermen at a cost of Taka 4,22,920.00 for the purpose of shrimp cultivation. It is the case of the petitioner that in the first year the petitioner sustained a loss of about Taka 2,89,244.00 as against income of Taka 1,33,676.00 only. But however, the petition..Category: Civil Law | Date: | Hits: 128
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
..... 3. The General election to Parliament held in 1996 included a constituency in Barisal Division called constituency No.125, Barisal 5. The polling took place on 12-6-96. The petitioner as well as some more candidates contested the election, but the principal contestants were the petitioner and l......sels of this Court to be present at the time of hearing and assist us in the matter as amicus curiae. 3. The General election to Parliament held in 1996 included a constituency in Barisal Division called constituency No.125, Barisal 5. The polling took place on 12-6-96. The petitioner as well as ......posal of the election petition. A copy of the Judgment and order was produced before us. 9. The petitioner thought that if the by-election was allowed to be conducted, as per schedule, irreparable loss would have been caused to him and therefore he sought to intercept the progress of the by-elect..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....er……………………Opposite-Parties Judgment November 27, 1997. Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Ap......asoning and while passing the decree the learned Courts below have refused the prayer of the plaintiff for arrears pay and allowances and confirmed the continuous service and hence no interference is called for. In the facts and circumstances of the case and for reasons stated above I do not find......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ..Category: Employment/Service Law | Date: | Hits: 182
....Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 265.
......er.
Asaduzzaman with Korban Ali, Advocates, For the Respondents.
Writ Petition No.730 of 1938.
Judgment
AM Mahmudur Rahman J.- This Rule Nisi issued under Article 102 of the Constitution called upon the respondents to show cause as to why the impugned judgment and order passed by the re...... includes a federation of two or more trade unions. We are of the opinion that carrying of goods by trucks is a business as owners in course of their carrying the business either earn profit of incur loss. The drivers of the trucks are engaged by the owners of the trucks and are workers and as worke..
Category: Labour and Industrial Law | Date: | Hits: 171
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....oners who are shareholders of the Company, have filed this application alleging, inter alia, that the petitioner Nos.1 and 2 are the original shareholders and their father late Md. Ashraf Ahmed was also a share holder of the company. After the death of Md. Ashraf Ahmed the present petitioners inheri......d equitable that the company should be wound up. From the above provisions, it appears that it is upto the discretion of a Court to see whether the facts and circumstances of a particular case may be called as just and equitable in order to pass an order of winding up of a company. Elaborating his s...... accounts by the company. False figures were entered in the books of accounts. Although the company was executing Profitable contracts it was always shown that the company's business was running at a loss. In addition to all these irregularities in the company, the respondent No.2 was defaulting in ..Category: Company Law | Date: | Hits: 233
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
....dents to show cause as to why the impugned Gazette Notification dated 18-11-92 declaring the respondent No.6 as Chairman of No.11 Chanpur Union Parishad, within PS Mehendiganj, District Barisal and also the order dated 30-11-92 issued by the respondent No.4 vide memo No.438 to hand over the charge s......e provision of section 26 of the Local Government (Union Parishad) Ordinance, 1983 (shortly the Ordinance). He further submits that section 26 of the Ordinance provides that no such election shall be called in question except by an election petition under sub-section (2) of section 26. 7. Let us ......l before filing of the present Writ Petition before this Court. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 260. ..Category: Election Law | Date: | Hits: 154
....been entered into by the plaintiff and defendant respondent petitioners Abdul Kader and Sk. Saizuddin.
3. The case of the plaintiff, as made out in the plaint of the suit, was that the transferees sold the suit land for a consideration of Taka 4,500.00 to the defendants by registered saf Kabala d......of section 36 of the Stamp Act."
Section 36 of the Stamp Act reads as follows:
"where an instrument has been admitted in evidence, such admission shall not, except as provided in section 61, be called in question at any stage of the same suit or proceeding on the ground that the instrument has......
In the result, the Rule is discharged without any order as to costs. The stay order earlier passed by this Court is hereby vacated.
Ed.
This case is also Reported in: 47 DLR (HCD) (1995) 67.
..
Category: Property Law | Date: | Hits: 78
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....f Oriental Engineering Company...........................Petitioner (In Writ Petition No. 346 of 1991) Vs. Government of Bangladesh represented by the Secretary, Ministry of Finance, Internal Resources Division and others………………………………………………………Respondent......n or grant of immunity is without any condition, it falls within the purview of section 21 of the General Clauses Act which action can be taken at any time by the Government and such action cannot be called in question before any Court of law. In that view of the matter we hold that no vested right ...... before the appropriate Customs Officer. In the premises discussed above, the Rules are discharged but without any order as to costs. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 57...Category: Fiscal/Taxation Law | Date: | Hits: 155
Chittagong Port Authority Vs. Ananda Shipyard and Slipways Ltd., 2010, 39 CLC (HCD)
....t Authority.............Appellant Vs. Ananda Shipyard and Slipways Ltd.............Respondent Judgment December 14, 2010. Result: The appeal is allowed. Cases Referred to- Associated Engineering Co Vs. Government of Andhra Pradesh, AIR (SC) 232; Hyundai Corporation Vs. Sumi......nce of contract money if bidder sought for price escalation and unsuccessfully prayed for arbitration with direction for rectification of contract in violation of arbitration clause in the name of so called unilateral mistake the authority concern will be unable to implement the policy work with a h...... award hereby set aside. Accordingly award dated 9-3-06 is hereby set aside. The office directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 226. ..Category: Alternative Dispute Resolution | Date: | Hits: 334
Abdul Khaleque Vs. National Fans Ltd. & another, 1995, 24 CLC (HCD)
....of ceiling fans since 1990 and has been manufacturing and selling the same under the brand name of Chandan National with a design different from other fans available in the market. This petitioner, also applied for the registration of his trade mark and design to the Registrar of Trade Marks and the......ate and that this petitioner has allegedly infringed the registered design which is, according to them, an imitation of their registered design. It is the further case of the petitioner that the so‑called registered design of respondent No.1 was not a new or original one on the date of its registr......rence by this Court under section 51A of the Patents and Designs Act, 1911. This petition is rejected without any order as to Costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 453...Category: Intellectual Property Law | Date: | Hits: 257
Didar Ali and others Vs. Naziur Rahman, 1998, 27 CLC (HCD)
....resent: Gour Gopal Saha J Didar Ali and others………………Petitioners Vs. Naziur Rahman………………Opposite Party Judgment May 4, 1998. Result: The Rule is made absolute. Cases Referred to- Sold Bibi Vs. Amiran Nessa and others, 5 BLT 117; Rahmat Ali Vs. Ba......y. Civil Revision No.3141 of 1997. Judgment Gour Gopal Saha J.- In this Rule the order dated 30‑7‑97 passed by the Assistant Judge, 3rd Court, Dhaka in Title Suit No.105 of 1997 has been called in question. By this order the learned Assistant Judge returned the plaint to the filing Advo...... Let a copy of this order be communicated to the learned Assistant Judge, 3rd Court, Dhaka for his information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 451...Category: Procedural Law | Date: | Hits: 81
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....e Tafader………………….Petitioner Vs. Md. Monir Hossain Patwary and others...............................Opposite Parties Judgment July 14, 2009. Result: The Rule is made absolute. Cases Referred to- 42 DLR 533; 46 DLR 268; 1 BLC 375. Lawyers Involved: Abul Kal......ituted Title Suit being Title Suite No.15 of 2002 in the Court of the Senior Assistant Judge, Chandpur Sadar Chandpur impleading the opposite parties as defendants therein for declaration that the so-called order dated 21-11-2004 passed by the opposite parties compulsorily retiring the plaintiff-pet......ed. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 426. ..Category: Employment/Service Law | Date: | Hits: 158
State Vs. Azam Reza, 2008, 37 CLC (HCD)
....pellate Jurisdiction) Present: AKM Fazlur Rahman J ATM Fazle Kabir J State…………………………………Appellant Vs. Azam Reza……………………………Condemned-Prisoner Judgment July 21, 2008. Result: The reference is rejected and the appeals are dis......ent. There is no finding about the ligature mark on dissection. None could die without cerebral failure. Cerebral failure is the terminal point of death. At the time of post mortem examination he was called to the morgue by Dr. Shahidul Islam and he going there observed post mortem examination. He t......cation to the effect that the accused is sentenced to imprisonment for life. Send down the lower Court's records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 399. ..Category: Criminal Law | Date: | Hits: 114
Naimuddin Molla and others Vs. Ibrahim Molla and others, 2008, 37 CLC (HCD)
....hman J Naimuddin Molla and others……………….Petitioners Vs. Ibrahim Molla and others………………..Opposite Parties Judgment May 14, 2008. Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md......is name in the relevant record of right and paid the rent and taxes to the government in his own name and while possessing the same, he proposed to sell a portion of the said property, hereinafter be called the suit property, measuring an area of 1.02 acres to the plaintiff at a consideration of Tak...... However, there shall be no order as to costs. Let a copy of the Judgment along with LCR be sent down to the Courts below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 369. ..Category: Procedural Law | Date: | Hits: 120
Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)
....o streets by boycotting the sessions of the Parliament. 2. Mr. Md. Anwar Hossain Khan, the petitioner, has filed this writ petition challenging and unabated abstention of respondent Nos. 3‑5 and sought relief by way of declaration and mandamus so that the abstaining members may be sent back to ......ot, whether respondent Nos. 3‑5 are persons within the meaning of Article 102 of the Constitution or not, as to whether the continuous absence from Parliament without leave of the Parliament can be called in question by the petitioner or not. Upon consideration of these issues it could be said whe......ithout leave or authority from the Parliament yet they are illegally drawing salary, allowances, car facility, telephone facility and other facilities as allowed to them and thereby causing financial loss to the people and to the Republic of Bangladesh. Respondent Nos. 3‑5 made statement in differ..Category: Constitutional Law | Date: | Hits: 344
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....rt, Faridpur, in Special Case No.1 of 1994 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of the Act II of 1947 and sentencing him to suffer rigorous imprisonment for 5 years and to pay a fine of Taka 7,882.50 (Taka seven thousand eight hundred eighty‑t......charge levelled against him. He be set at liberty forthwith if not wanted in any other connection. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 447. ......unt No.2 of Md. Moniruddin vide his account for renewal of his insurance policy but the accused appellant, without paying the premium misappropriated the said amount. As a result Moniruddin sustained loss of Taka 1,50,000.00 as he did not get the said amount as compensation from Bima Corporation as ..Category: Criminal Law | Date: | Hits: 99
Government of Bangladesh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)
....regularisation the service of work-charged employees, serving under different Ministries/Divisions (Annexure-G to the Writ Petition No.4040 of 2007). Therefore, a number of committees discussed and resolved the issue of regularisation of the work-charged employees of Housing and Public Works Departm......n law but is just in fact. In the result, all the appeals are dismissed but without any order as to costs. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......s. Board of Visitors of Hull Prison, Ex parte St. Germain (No.2) [1979] 1 WLR 1041 that a prisoner is entitled to challenge, by judicial review, a decision by a prison board of visitors, awarding him loss of remission of sentence, although he has no legal right to remission, but only a reasonable ..Category: Employment/Service Law | Date: | Hits: 208
Mahmudul Huq Vs. Mst Golap Bia & others, 1988, 17 CLC (HCD)
....Munsif, Sadar, Chittagong for declaration that the kabala dated 4.7.1944, Ext. A, standing in the name of defendant No.1 was a benami transaction, on the allegations, inter alia, that he was a foster son of plaintiff No.2 Sultan Ahmed husband of defendant No.1. Defendant No.1 and plaintiff No.2 were......view and should not have a doctrinaire approach but examine the question from a practical point of view. If on overall reading of a judgment of a lower appellate Court it appears that the point which called for its decision was decided after taking into due consideration the argument advanced by the......cussions above, I do not find any substance in this appeal. In the result, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 314. ..Category: Property Law | Date: | Hits: 86
One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....limited company by shares and registered under the Companies Act, 1994. The petitioner-company was granted the certificate for commencement of business by the Registrar of Joint Stock Companies and also granted the licence for commencing banking business in Bangladesh by Bangladesh Bank. The petitio...... shares first to the Sponsor Shareholders of group 'A' as per stipulation of Article 41 of the Articles of Association of the petitioner-company. In the letter dated 9-11-2006, the petitioner-company called upon respondent No. 7 to clarify his position regarding the sale of his shares without declar...... granted at the time of issuance of the Rule and extended subsequently is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 91...Category: Business or Commercial Law | Date: | Hits: 237
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