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Rafiqul Islam Vs. State and another, 2009, 38 CLC (HCD)
....e statutory period and, as such, petition under section 561A of the Code of Criminal Procedure is liable to be quashed. 7. The learned Advocate for the opposite party No.2 complainant on the other hand submits that the chief Metropolitan Magistrate took cognizance of the offence on the basis of c......g is hereby quashed. Communicate the order to the Court of the learned Additional Metropolitan Sessions Judge, Chittagong, forthwith. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 377. ..Category: Civil Law | Date: | Hits: 150
Mahboob Uddin Ahmed Vs. Bangladesh Election Commissioner, and others, 1998, 27 CLC (HCD)
....efore the tribunal. Therefore, he concludes that the election petition filed by the petitioner must be disposed of before the election is held. 20. Mr. M Nurullah the learned Counsel, on the other hand, while differing with the concept that no legal or constitutional vacancy has occurred, venture......pondent No.1 Bangladesh Election Commission at once addressing it to the Chief Election Commissioner, Bangladesh Election Commission. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 417. ..Category: Election Law | Date: | Hits: 162
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
....oard of Directors, Agrani Bank and others, 45 DLR 375; High Commissioner for India Vs. IM Lall, 1948 AIR PC 121 = 52 CWN 761 (PC); Yusuf Ali Khan Vs. Province of Panjab, PLD (1949) (Lah) 219; Ramesh Chandra Das Vs. Province of Bengal, 57 CWN 767; Habib Khan Vs. Federation of Pakistan, PLD 1954 Sind ......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
Rehana Ahmed and others Vs. Nahar Shipping Lines Limited, 1990, 19 CLC (HCD)
....rinciples of Modern Company Law" 2nd Edition (1908), page 596. "Winding up is the ultimate remedy of the investor or creditor. If the winding up is by the Court all interests can be sure of even‑handed justice but at a price which may be heavy. Moreover, it is justice according to law, and shar......pplication is dismissed, but without any order as to costs. The restrictive orders and undertaking passed and given are hereby vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 256...Category: Company Law | Date: | Hits: 233
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....est in the present case and that section 247 has application only in the case in which summons has been issued on complaint. The learned Advocate appearing for the accused respondents on the other hand submitted that section 247 of the Code of Criminal Procedure has application in all criminal ca......lt, this appeal is allowed. The order complained of is set aside. Let the G.R. Case No.251 of 1987 do proceed in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 321. ..Category: Procedural Law | Date: | Hits: 85
Mostafa Kamal Vs. Chief Election Commissioner and others, 1997, 26 CLC (HCD)
.... 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 shall not be declared to have been made without lawful authority and is of no l......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
Aftabuddin (Md.) Vs. State and others, 2010, 39 CLC (HCD)
....he Magistrate, in this case, has not taken cognizance under sections 495/497/109 of the Penal Code upon a complaint as defined in a clause (h) of subsection (1) of section 4 of the Code. On the other hand, provisions of the sections 198 and 199 of the Code, both beginning with the words, "No Court......y to the Law Commission, Old High Court Bhaban. Communicate the order at once to the Court concerned for information and compliance. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 235...Category: Criminal Law | Date: | Hits: 79
Humayun Hossain Khan Vs. Bangladesh & others, 2011, 40 CLC (HCD)
.... appearing for the appellant has repeated the submissions on which leave was granted as quoted hereinbefore. 8. Mr. Mamunur Rashid, learned Counsel, appearing for respondent No.2, on the other hand, has submitted that the suit wherein the appellant filed the application under Order XIV, rule ......iscretion given to it by section 47 of the Ain, 2003. With the above observations this appeal is dismissed. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 88, 18 MLR (AD) (2013) 5. ..Category: Civil Law | Date: | Hits: 138
....ut they did not pursue the matter any further and, as such, the presumption that the alleged signatures were not genuine was 'irrefutable'. He further submitted that there was no discussion about any hand writing Expert. It was further argued that the agreement was signed on white paper and stamp pa......
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.
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Category: Property Law | Date: | Hits: 78
Baharuddin Vs. State, 1993, 22 CLC (HCD)
....Vs. Abdullah and another, PLD 1963 (WP) (Karachi) 161; SM Farooque alias Syed Farooque Vs. State, 28 DLR 192; Ashrafuddin Ahmed Vs. The State, 16 DLR 223. Lawyers Involved: MA Halim with Gopal Chandra Saha, Advocates ‑ For the Appellant. Fazlul Hoque Chowdhury with AQ Rashid Ahmed, Advoca......e be set at liberty at once, if not wanted in connection with any other case. Let the lower Court records be sent down expeditiously. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 61...Category: Criminal Law | Date: | Hits: 81
Abdul Kashem and another Vs. Bangladesh, 1994, 23 CLC (HCD)
....ciple of promissory estoppel would stop corporation from backing out of its obligation. 7. Mr. A. K. Mujibur Rahman, the learned Deputy Attorney General appearing for the respondents, on the other hand, submitted that the petitioner acquired no vested right as the exemption granted by the Governm...... 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
Amjad Hossain Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... certificate from the pre‑shipment agency. He submitted the CRF certificate along with other relevant document to the customs authority for release of the goods. The customs authority, on the other hand, without making assessment of duties on the basis of CRF certificate assessed the customs duty ......h Court Division in moving this writ petition may be considered for exclusion in computing the period of limitation as provided itself. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 458...Category: Fiscal/Taxation Law | Date: | Hits: 138
Abdur Noor and others Vs. State and another, 1998, 27 CLC (HCD)
....e Chief Justice but also filed the instant complaint case in the Court of Magistrate at Narayanganj by making allegations of disclosure of contents of the said application in which petitioners had no hand. We have no manner of doubt that the complainant did so to feed fat his grudge against the peti......he judiciary in the public eye. In the result, the Rule is made absolute. Proceedings of complaint Case No.179 of 1987 is quashed. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 456. ..Category: Criminal Law | Date: | Hits: 75
Government of the People's Republic of Bangladesh Vs. Rahima Begum and others, 2008, 37 CLC (HCD)
....ning the suit land. Some portion of the land was settled to Mukti Joddha Sangsad in VP Case No.04 BP of 1985 and some portion of land of Plot No.254 was given to a hat for its extension. On the other hand, the defendant No.7 claimed that he also took settlement of 0.87 acres of land from the schedul......irmed. Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 430. ..Category: Property Law | Date: | Hits: 98
Abdul Hye Tafader Vs. Md. Monir Hossain Patwary and others, 2009, 38 CLC (HCD)
....instance of the plaintiff-petitioner was issued calling upon the opposite party Nos.1-8 to show cause as to why the impugned Judgment and decree dated 25-4-2004 passed by the learned District Judge, Chandpur, in Title Appeal No.3 of 2004, reversing those of dated 17-1-2004 passed by the learned Seni......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)
....Khan Vs. State, 8 BLC (AD) 172; 39 DLR (AD) 194; 40 DLR (AD) 139. Lawyers Involved: Nahid Mahtab, Deputy Attorney-General with Md. Shafiqul Alam, Assistant Attorney-General - For the State. Khandker Mahbub Hossain, Humayun Kabir Monju, Sk Mohammad Ali, Md. Hedayet Hossain, Masudul Hoque, Lu......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)
.... Result: The Rule is made absolute. Cases Referred to- Naimuddin Sarder @ Naimuddin Sarder Vs. Md. Abdul Kalam Biswas @ Md. Abul Kalam Bashiruddin @ Abul Kalam Azad, 39 DLR (AD) 237; Biplob Chandra Das Vs. Biran Chandra Das, 52 DLR 586; Zahid Ali Vs. Jamini Kanta, 1987 BLD (AD) 156; Daulat ...... 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)
....) if he has incurred a disqualification under clauses (2) of Article 66; or (e) in the circumstances specified in Article 70. (2) A member of Parliament may resign his seat by writing under his hand addressed to the Speaker and the seat shall become vacant when the writing is received by the S...... absentee members of the parliament without leave of the Parliament is recoverable by appropriate authority upon the processes of law. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 42. ..Category: Constitutional Law | Date: | Hits: 344
Prof. Nurul Amin Bepari Vs. Vice-Chancellor & others, 1998, 27 CLC (HCD)
....ity it included its members in the Selection Board in order to have recommendation of teachers belonging to the ruling political party. The petitioner states that Dr. ATM Zahurul Huq, Dr. Bazlul Huq Khandaker were each included in 5 Committees, Dr. Md. Abdul Aziz, Dr. Shahid Akhtar Hossain and Dr. A...... For the reasons stated above the Rule is liable to be discharged. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 405...Category: Employment/Service Law | Date: | Hits: 228
State Vs. A K M Mohiuddin, 1996, 25 CLC (HCD)
....ment Act, 1958 has been violated as the investigation which was required to be concluded within 180 days has not been done. 10. Mr. SA Hasan, the learned Assistant Attorney‑General, on the other hand, contends that the learned Court below in consideration of oral and documentary evidence on rec......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. ..Category: Criminal Law | Date: | Hits: 99
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