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Oli Ahmed Vs. State, 2012, 41 CLC (HCD)
....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......e Party Judgment June 13, 2012. Result: This jail appeal is allowed. Lawyers Involved: Zinat Akhter Nazley Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the respondent. Jail Appeal No. 1836 of 1996 Judgment Md. Ruhul Quddus......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 95
Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)
.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: .............Opposite Party Judgment March 15, 2012. Result: The jail appeal is allowed. Lawyers Involved: Hasna Begum, Advocate - for the appellant. Yousuf Mahmud Morshed, Assistant Attorney General - for the opposite party. Jail Appeal No. 343 of 2007. Judgment Md. Ruhul Qu...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 119
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Clause-4 of the said Sale Deed, the Government recognized her peaceful possession in the said property. 10. Therefore, since Articles 4 and 5(2)(e) & (i) of PO 16 of 1972 have conferred ample power on the Government to dispose of the abandoned property in any manner including "transfer by ......Petitioner Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others……………………Respondents Judgment December 8, 2010. Result: The Rule is made absolute. Cases Referred to- CQMH Md. Ayub Ali Vs. Bangladesh, 47 DLR (AD) 71; Mrs. Amena Khatun Vs. Chairman, Court of St...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judgment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ..Category: Property Law | Date: | Hits: 127
Kazi Asmat Ullah Vs. Belayet Ali Sheikh and others, 2009, 38 CLC (HCD)
....such, in my opinion the suit as framed is not maintainable in the present form. 31. The suit was filed in 1989 and by now about 20 years has been spent in the litigation involving the parties huge financial expenditure and, as such, I am not impressed on the submission of the learned Advocate for......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ......r Vs. Belayet Ali Sheikh and others………………………Defendants-Respondents-Opposite Parties Judgment August 23, 2009. Result: The Rule is made absolute. Cases Referred to- Province of East Pakistan Vs. Muhammad Hossain Mia, 16 DLR (SC) 667; Khorshed Alam alias Shah......nt and decree passed by the Court below are set aside. The suit is dismissed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 173. ..Category: Property Law | Date: | Hits: 123
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ......nformation Report (FIR) on 2-9-2007 implicating 7 accused persons including the accused petitioner alleging inter alia that the accused petitioner in connivance with another by abusing her official power approved the Private Sector Generation Policy on 14-10-1996 and consequently the Power Develop......………………Accused-Petitioner Vs. State and another……………………Opposite-Parties Judgment April 13, 2010. Result: The rule is made absolute. Cases Referred to- AKM Rafiqul Islam Vs. State, 17 BLD 198; Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Ba......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
M Saleem Ullah Advocate Vs. Bangladesh, 2004, 33 CLC (HCD)
....e election laws in the countries of the Sub‑continent shows that the Election Commission of Bangladesh is sufficiently strong and independent in matters of its operation and decision making. It has financial autonomy which is all the more important for discharging its functions independently. Care......solidate and institutionalise the democracy in Bangladesh. Concept of a neutral caretaker government as desired by the people is a government which will be solely‑and exclusively committed to the empowerment of the electorates free from fear and pressure of the muscle and money power so that they ......nted by the Secretary, Ministry of Law and Parliamentary Affairs, Government of the People's Republic of Bangladesh........................Respondents Judgment August 4, 2004. Cases Referred to- Syed Md. Mashiur Rahman Vs. President of Bangladesh, 1997 BLD 55; KM Rahman Vs. Bangladesh, 2......eferendum nor it is ultra vires the Constitution. With these insights I fully concur with the decision already arrived at in this reference. Ed. This Case is also Reported in: 57 DLR (2005) 172. ..Category: Constitutional Law | Date: | Hits: 215
Overseas Garments Industries (Pvt.) Ltd. Vs. Bangladesh and others, 2005, 34 CLC (HCD)
....bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ...... 13‑5‑2002 US$ 12080. 4. Artha Rin Adalat Ain, 2003 has authorised the bank for sale of the mortgaged property before filing any suit. The owners of the property executed power of attorney in favour of the bank with power to sell the property. In the supplementary affida......For the Petitioner. Md. Mamunur Rashid, Advocate—For Respondent No. 4. Writ Petition No. 1709 of 2004. Judgment Md. Awlad Ali J.- This Rule Nisi was issued calling upon the respondents to show cause as to why section 12 of the Artha Rin Adalat Ain, 2003 (Act No. VIII of 2003) should n......bstance in the Rule. Accordingly, the Rule is discharged without any order as to cost. Status‑quo granted by this Court stand vacated. Ed. This Case is also Reported in: 57 DLR (2005) 168. ..Category: Civil Law | Date: | Hits: 129
State Vs. Innocent N Egbunine, 1994, 23 CLC (HCD)
....evealed from interrogation that Mr. Innocent has a friend named Jeff who was a Taxi Cab driver at Atlanta, in America he himself was also a style Taxi Cab driver and once disclosed about his family's financial crisis to Mr. Jeff who told him about the business of heroin which is a very risky but rew...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ......cted and the Jail Appeal is dismissed with the modification. Lawyers Involved: Serajul Huq with Anisul Huq and Tawfika Karim, Advocates ‑ For the Condemned Prisoner. SA Hasan, Assistant Attorney‑General ‑ For the State. Death Reference No.38 of 1991 with Jail Appeal No.2197 of 199...... condemned‑prisoner Innocent N. Egbunine be transferred from the condemned cell to the cell meant for the convicts of like nature. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 460. ..Category: Criminal Law | Date: | Hits: 164
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ......ial Powers Act, the provisions of the Code of Criminal Procedure in so far as they are not inconsistent with the provisions of the Special Tribunal has Acted within the jurisdiction in exercising the power provided under section 494 of the Code. Leave was granted to consider the question set out abo......................................Appellant Vs. Govt.of Bangladesh and others...................Respondent Judgment June 10, 1977. Result: The appeal is dismissed. Cases Referred to- State of Bihar Vs. Ram Naresh Pandey, AIR 1957 (SC) 389 Faqir Singh Vs. Emperor, AIR 1938 (PC......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ......ant Vs. M/s. GMG Corporation Ltd………………………Respondent Judgment September 16, 1982. Result: The appeal is allowed. Cases Referred To- 21 Cal 241; Secretary to the Commission of Salt etc. Madras Vs. Mrs. Orr 38 Mad 646; Board of Revenue Vs. Sorrarazu, AIR 1...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
.... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ......e the investigating officer (the respondent no 6 herein) on the progression of investigation process, (2) the Chairman of the Anti Corruption Commission, henceforth, the Commission, by himself had no power whatsoever to take any decision like the one that prompted the respondent no.5 to issue the im......rown Court ex p Hutchinson, 1988 QB 384; R Vs. Devizes Justices ex p Lee; DPP Vs. Head, 1959 AC 83; R Vs. Smith, 1984 Cr.L.R. 630; R Vs. Oxford Crown Court ex p Smith, 1989 2 Admin Law Report; Boddington Vs. British Transport Police; R Vs. Chief Constable of Merseyside ex p Calveley, 1986 Q.B. 424; ...... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
Md. Mohiuddin Chowdhury Vs. Rupali Bank Ltd. and others, 2011, 40 CLC (HCD)
....ন কাজ কর্মের ব্যাঘাত ঘটাইতে পারে৷ The above quoted law invests in Bangladesh Bank a supervisory power to make inspection and inquiry, if any financial institution is engaged in activities prejudicial to the interest of the depositors or viol......বাভাবিক দৈনন্দিন কাজ কর্মের ব্যাঘাত ঘটাইতে পারে৷ The above quoted law invests in Bangladesh Bank a supervisory power to make inspection and inquiry, if any financial institution is engaged in activities prejudic......ocate - for the petitioner. Md. Imam Hasan, Advocate - for the respondents. Writ Petition No. 3664 of 2008. Judgment Md. Ruhul Quddus J. - This Rule Nisi, at the instance of a judgment debtor in a mortgage decree, was issued calling in question order dated 29.1.2008 passed by Artha Rin A...... without any order as to costs. Let a copy of the judgment be communicated at once to the concerned executing Court. Nazmun Ara Sultana J. - I agree. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 129
....at the difficulties which were alleged by the appellant could be resolved by mutual discussions. It was observed that "as no case has been made out that there is any lien of anybody in the firm the financial involvement can be sorted out either mutually or by way of civil proceeding but that would......onalised Industries Division of the Ministry of Industries which was published in the Bangladesh Gazette Extraordinary on 30-1-75, the aforesaid firm was placed under the appellant in exercise of the powers conferred by Clause 1 of Article 10 of the Industrial Enterprises (Nationalisation) Order N...... Appeal No.37 of 1976).
Vs.
Md. Masood Reza and others................Respondents (In both the Appeals)
Judgment
June 30, 1977.
Result:
The appeals are dismissed.
Cases Referred to-
Pakistan Vs. Md. Niayamat-ullah Faruki, (1969) 21 DLR, SC 238; (1975) 28 DLR 350; Robertson V......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
AK Murshed Ahmed Vs. Md. Meher Ali and others, 1983, 12 CLC (AD)
....n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ......urisdiction upon it "when it had none to exercise, on the basis of an application which was not competent". Dismissing the view that an illegal order court does not establish that the court exercised power without jurisdiction the learned Judge observed that the present case was one where the court ......urshed Ahmed………………… Appellant Vs. Md. Meher Ali and others………………… Respondents Judgment January 20, 1983. Result: The Appeal is allowed. Case Referred to- Binode Behari Shaha Vs. Nitya Gopal Shaha (1981) 33 DLR (AD) 130. Lawyers Involved: Kho......n it goes against him and this also not by an appropriate proceedings. For the reasons stated above, appeal is allowed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 178. ..Category: Procedural Law | Date: | Hits: 109
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
.... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ...... mentioned Mutwalli of the said Waqf Estate, his father Serajuddin Shaha died on 22.1.2002 and the writ petitioner as the nominated Mutwalli filed an application before the respondent No.2 annexing a power of attorney of the members of the family of his father for approval of his nomination as Mutwa......In all the petitions) Vs. Md. Nasiruddin Shah and others……………………………..Respondents Judgment November 6, 2004. Result: The petition is dismissed. Case Referred to- 35 DLR (AD) 108. Lawyers Involved: Khondker Mahbubuddin Ahmed, Senior Advocate, (S.M. M...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
Rabiul Alam and another Vs. Sree Bidhan Kumar Deb, Advocate, 1997, 26 CLC (HCD)
....fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ......nged to one Binodi Lal Biswas a practicing Mukhtiar at Dinajpur and the plaintiffs acquired the same from the said Binodi Lal Biswas in exchange of their Indian property. Binodi Lal Biswas executed a power of attorney in favour of the plaintiffs’ in respect of the suit premises and some other prop......……………Petitioner Vs. Sree Bidhan Kumar Deb, Advocate………………………Opposite Party Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Afroza Bewa and others Vs. Md. Jalaluddin Pramanik, 48 DLR (AD) 205; Abdus Sattar Vs. Mohiudd......fs within 90 days failing which the plaintiffs will be at liberty to have possession through Court. Send down the records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 286. ..Category: Procedural Law | Date: | Hits: 74
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ......lishment. (b) Employed in a managerial or administrative capacity: (c) Who being employed in a supervisory capacity performs by virtue of the duties attached to his office or by reason of the power given to him. Functions of managerial or administrative nature" (57 DLR 750). The definit.......................Petitioner Vs. First Labour Court, Chittagong and others................Respondents Judgment January 6, 2008. Result: The Rule is made absolute. Cases Referred to- 57 DLR 741; 28 DLR 473; 12 MLR 401; 7 BLC (AD) 119; 49 DLR (AD) 177; 49 DLR (AD) 161; 32 DLR ......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
Mosharraf Hossaian and another Vs. State, 1977, 6 CLC (AD)
....n offence triable and punishable under the said Ordinance. 6. Under section 2(f) (viii) of the Act the term 'prejudicial act' means any act which is intended or likely to prejudice the economic or financial interests of the State. It cannot possibly be denied that counterfeiting Government stam......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112.......n and another……………...Appellants Vs. The State...........................................Respondents Judgment May 25, 1977. Result: The appeal is allowed. Cases Referred to- Kabir Ahmed Vs. State, (1974) 26 DLR 44; Alam & ors. Vs. State, (1967) 19 DLR (SC) 242; C......e Code of Criminal Procedure in the Court of a competent Magistrate who will proceed in accordance with law. Steps be taken accordingly. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 112...Category: Criminal Law | Date: | Hits: 76
Sona Miah and others Vs. Abed Ali and others, 2012, 41 CLC (AD)
.... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377.......mong the co-sharers as per order and direction of the court and to allot such shares to the parties of the suit; that the appellate court below, therefore, has committed illegality in delegating this power of the court to the advocate commissioner to determine the validity and genuineness of the d......nior Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record —For Respondent Nos.118, 119 and 228. Respondent Nos.1-117, 120-223 and 229 —Not represented. Civil Petition for Leave to Appeal No.1849 of 2010. (From the judgment and order dated 10.02.2010 passed by the High Court...... final decree of the partition suit has not been passed. This civil petition for leave to appeal be disposed of with the above observation. Ed. This Case is also Reported in: 9 ADC (2012) 377...Category: Property Law | Date: | Hits: 84
Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....t any prejudice to his senior, if any. After this order of promotion the writ petitioner filed a supplementary affidavit seeking further direction upon the respondents to give him seniority and all financial benefits to which he was entitled under circular No.22 of 1979. 6. The respondent No.......nize the institution and to make it world class standard so that it can cope with the central banks of developed countries of the world. Thai the Board of Directors of Bangladesh Bank was very much empowered to issue the impugned circular introducing new promotion policy with a view to increase th......…………....Petitioners Vs. Mr. Sukamal Sinha Choudhury and another………………………..Respondents Order December 12, 2011. Result: Leave is granted. Cases Referred to- Bangladesh Vs. Md. Azizur Rahaman, 1994 (46) DLR (AD) 19; (AIR 1986 (SC) 1830; AIR 1987 (SC) ......ted earlier be extended till disposal of the appeal. This interim order shall not effect in any way retirement benefit of the respondent. Ed. This Case is also Reported in: 9 ADC (2012) 218...Category: Employment/Service Law | Date: | Hits: 211
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