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....ing Authority (Drugs), Directorate of Drug Administration……………………………Respondents
Judgment
July 24, 1986.
Result:
The Rule is made absolute.
Lawyers Involved:
Khandkher Mahbub Hossain, Advocate -For the Petitioner.
A. F. Hasan Arif Deputy Attorney General...... also obliged by issuing a licence (Annexure-C) without the annexure on 18.03.1984 Annexure-C as it originally stood was also issued without any lawful authority. The Ministry of Health should take a note of this and should consider whether the issuance of an unauthorised licence simpliciter to a ma..
Category: Others | Date: | Hits: 184
State Vs. Tajul Islam and 8 others, 1992, 21 CLC (HCD)
.... No.748 of 1990 is dismissed in respect of accused‑appellant Abul Kashem and allowed in respect of 8 other appellants namely, Farooq @ Faikkah, Khelu Miah, Sayeed Miah son of Abdul Karim, Bachuch, Chand Miah, Shobha Miah, Farid Miah and Abdus Sobhan @ Modhu Lal. Jail Appeal Nos.961 of 1990, ......ue to ante mortem staining. The death of Biraja Rani Debnath and her above mentioned 5 children, in the opinion of the post-mortem doctor, were due to shock and haemorrhage as a result of above noted injuries which were ante mortem and homicidal in nature. 19. The identity of the dead bo..Category: Criminal Law | Date: | Hits: 139
Maqbular Rahman Jute Mills Limited Vs. Chairman Labour Court and another, 1995, 24 CLC (HCD)
....ned Labour Court to interfere with the quantum of punishment imposed by the domestic tribunal. 8. Mr. Bazlur Rahman Chhana the learned Advocate appearing for the respondent No.2, has, on the other hand, contended that under section 25(1)(b) of the Employment of Labour (Standing Orders) Act, 1965 ......e without lawful authority and is of no legal effect. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..Category: Labour and Industrial Law | Date: | Hits: 162
Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)
....ep in accordance with law to seek leave and to defend the suit and as such ex parte decree was liable to be set aside. But Mr. Faruqui the learned Advocate for the plaintiff‑petitioner on the other hand contends the ignorance of law is no excuse and the same cannot constitute a special circumstanc......itioner instituted the above suit against the defendant opposite party praying for a decree of Taka 8,00,000.00 with interest thereon i.e. a total sum of Taka 9,00,000.00 on the basis of a promissory note as executed by defendant opposite party in favour of the plaintiff petitioner. The said suit wa..Category: Procedural Law | Date: | Hits: 125
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....t of Bangladesh, Customs Authority has no legal bar to release the goods in favour of the petitioner-company. 15. Mr. Abdul Baset Majumder with Mr. Sirajul Islam, the learned Advocate on the other hand, by filing affidavit-in-opposition opposes the Rule on behalf of the respondent No.4 Alhaj Oil ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..Category: Fiscal/Taxation Law | Date: | Hits: 172
Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)
....e ex-parte decree was passed whether the case was ready for hearing or not, as such the judgments and orders impugned are liable to be set aside. 6. Mr. Shaheed Alam, learned Advocate on the other hand submits that, the petitioner was aware of the entire proceedings related to institution of the ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..Category: Civil Law | Date: | Hits: 198
....een terminated but the petitioner has been picked up which is mala fide and that the order is arbitrary.
6. Mr. Akhtar Imam, learned Advocate appearing for the respondent Nos.1 and 2, on the other hand, submits that out of three Deputy Chief Accountants the petitioner is the junior most and only ......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 524.
..
Category: Employment/Service Law | Date: | Hits: 207
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....claration of their title in suit land measuring 1.26 acres described in the schedule to the plaint. 2. The case of the plaintiffs, inter alia, is that the suit land originally belonged to Gour Chandra Biswas and others and by several sale deeds dated 3.4.58, 24.10.73, 24.10.73, 14.11.57, 2.7.7......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..Category: Property Law | Date: | Hits: 154
Abdul Latif alias Budu and 6 others Vs. State, 1992, 21 CLC (HCD)
.... sheet against the accused appellants and said Munshi. 4. Prosecution examined 12 witnesses. P.W.I Sadir Mia is the informant, P.W.2 Seraj Mia, PN Shamsul Islam, P.W.4 Ramjan Ali, P.W.5 Akshoy Chandra Sarker, P.W.6 Kudduser Ma, P.W.7 Abdul Hatim and P.W.8 Abu Mia were examined by the prosecuti......ect. Firstly, sub‑section (3) of section 161 of the Code of Criminal Procedure does not require that investigating officer is to record in verbatim what the witnesses tell him and that making rough notes of information instead of recording the statement of the witnesses is not illegal. Secondly, t..Category: Criminal Law | Date: | Hits: 139
Shahadat Hossain & others Vs. State, 1985, 14 CLC (HCD)
.... He stated that pursuant to the order of D.I.G., C.I.D. he took up the investigation of the case. He tried to apprehend the absconding accused but he could not complete the investigation as he had to hand over the case to the C.I.D. Jhenidah. These are the evidences adduced by the prosecution to pro......at they were wrongly identified by the witnesses and that they did not commit any offence on that occasion. 5. The prosecution has examined 5 witnesses to prove the case but the defence examined note. The learned Assistant Sessions Judge has convicted the 3 appellants and sentenced them as indi..Category: Criminal Law | Date: | Hits: 142
....er and as such, his remedy lay only before the Labour Court and not before any civil Court.
14. Mr. Amir Hussain, the learned Advocate appearing for the plaintiff‑opposite party, on the other hand, has submitted that the plaintiff‑opposite party, is not a worker within the definition of se...... of law and thus call for no interference from this Court.
Accordingly, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 406...
Category: Labour and Industrial Law | Date: | Hits: 233
Rafique‑Ul Huq Vs. Bangladesh and others, 1992, 21 CLC (HCD)
.... others to show cause why Memo. No. Cord/1/36/91 dated 9.10.91 issued by the respondent No.3, the Assistant Director, Immigration and Passports on behalf of the Government directing the petitioner to hand over his passport under Article 7 (2)(c) of the Bangladesh Passport Order, 1973 should not be d......irecting the petitioner to submit his passport is declared to have been made without any lawful authority and it has no legal effect. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 398. ..Category: Business or Commercial Law | Date: | Hits: 601
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
.... case. On that very night at about 01:15 AM he went to Tayeb Ali's shop and arrested appellant Nowsher Ali who was then in custody of Hasen Ali Dafadar of Fakirhat union (P.W.13). He (Hasen Ali) also handed over the torch light of victim Elias to I.O. who also seized wet cloth from the person of the......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
.... Respondent-State. Criminal Appeal No.2392 of 1998. Judgment Md. Hassan Ameen J.-This criminal appeal, at the instance of eight accused-appellants, namely, (1) Noor Hossain, (2) Ramjan, (3) Chandu, (4) Shibha, (5) Shahin, (6) Habu, (7) Rabi and (8) Ator Ali, is directed against the judgment...... also claimed to have seized some alamats of this case vide Exhibit 8. In cross he admitted that he gent the requisition for recording the dying declaration of the deceased and that the same has been noted in GD entry No.202, but the said GD entry is not with him. He claimed that blood stained grass..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....rity. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division on 11-12-2008 directed the respondent No.1, Election Commission and the respondent No.6, Deputy Commissioner, Chandpur and Ex-officio Returning Officer to accept the nomination paper of the petitioner subject to......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....tan Assistant Sessions Judge for trial of the case is without jurisdiction and liable to be quashed. 10. Mr. Nizamul Haque Nizam, the learned Assistant Attorney General for the state, on the other hand, submits that the opposite party No.2 categorically described the very arising out of cause o......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....e specific points as proposed in the application under section 540 of the Code of Criminal Procedure. 10. Mr. SM Shahjahan Kabir, the learned Assistant Attorney General of the State on the other hand submits that the witnesses were examined by the trial Court without any objection from the accu......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....ween the parties. 8. Mr. Khijir Ahmed, the learned Advocate to fortify his submission has relied on the decisions reported in 2 MLR (AD) 215, 57 DLR (AD) 39 and 20 BLD (AD) 187. 9. On the other hand, Mr. Zainul Abedin, the learned Advocate appearing for the defendant-respondent No.1 supports t...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519...Category: Property Law | Date: | Hits: 105
.... sale of any share of Purbachal Jute to the aforesaid purchasers at any time. The petitioners asserted that they were owning 58% of the total shares of Purbachal Jute and requested the respondents to hand over the mill to them. The petitioners produced annual return of shares is form E for the year ......ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....the matter, seized the questioned Bainapatra from file of O.C. suit No.152/80 under order of the learned District and Sessions Judge, sent the questioned Bainanama to C.I.D. for expert opinion. The hand writing expert of C.I.D. Dhaka opined that the questioned Bainapatra is out and out a forged ......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
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