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Mahamudur Rahman Vs. Md. Matiur Rahman, 2006, 35 CLC (HCD)

.........Opposite Parties Judgment January 25, 2006. Result: The Rule is made absolute. Cases Referred to- Dewan Obaidur Rahman Vs. State, 1999 BLD (AD) 128 = 4 BLC (AD) 167; Solicitor, Government of Bangladesh Vs. AT Mridha, 26 DLR (SC) 17; Sultan Ahmed Vs. State, 37 DLR 185; Maqsood ...... absolute. The proceeding of GR Case No.3735 of 2002 pending in the Court of learned Chief Metropolitan Magistrate, Dhaka is quashed. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 367. ..

Category: Criminal Law | Date: | Hits: 87

Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhavan and others, 1994, 23 CLC (HCD)

....ling party cannot be free and fair, on this premise, the opposition parties, namely, the Awami League, Jatiya Party and Jamaate Islami want to cure this election malady by way of forming a "Caretaker Government" which the ruling party, namely, the Bangladesh Nationalist Party (BNP) are not conceding...... 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

Indu Mod Howlader Vs. Additional Deputy Commi­ssioner and others, 1997, 26 CLC (HCD)

....l decreeing the suit. 2. The fact relevant for the disposal of the Rule is that, the plaintiff‑petitioner filed the aforesaid suit for a declaration that the order dated 6‑1‑76 passed by the Government through the Deputy Commissioner, Barisal and mentioned in 'Kha' schedule in respect of th......Mr. Ranjan Kumar Saha, Assistant Judge, Wazirpur, Barisal in Title Suit No.87 of 1988 is hereby confirmed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 444...

Category: Property Law | Date: | Hits: 84

Government of Bangla­desh and others Vs. Jahangir Alam & others, 2011, 40 CLC (AD)

....se is also Reported in: 17 BLC (AD) (2012) 115; 32 BLD (AD) (2012) 145. ......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. ..

Category: Employment/Service Law | Date: | Hits: 208

Md. Zahurul Islam Vs. Deputy Commissioner, Kushtia and others, 2012, 41 CLC (AD)

.... out of the toll to be realised from the cattle market. It was reflected in the audit report of the hat committee, in the cash book of the then Circle Officer (Dev.) Kushtia and the Ministry of Local Government, Palli Unnayan and Samabaya in its letter under Memo dated 23rd April, 1994. Therefore, t......infirmity in the judgment and decree of the High Court Division in dismissing the suit. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 106. ..

Category: Property Law | Date: | Hits: 105

One Bank Ltd. Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....91....... 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

State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....five or more persons is assigned an ‘unlawful assembly’ if the common object of the persons composing that assembly is – First.- To overawe by criminal force. Or show of criminal force, the [Government or legislature], or any public servant in the exercise of the lawful power or such public...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)

....ice seriously affecting his personal liberty and if they succeed he would suffer irreparable loss and harm and injury. It is the further case of the petitioner that Magistrate being controlled by the Government he apprehends that he would not be properly and legally dealt with and he has reasons to ......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

.... by the same his elder brother moved this Court with an application under section 491 of the Code of Criminal Procedure and obtained the present Rule. From the supplementary affidavit it appears that Government extended the detention of the detenu for further period of 3 months with effect from 3-6-......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ..

Category: Criminal Law | Date: | Hits: 72

Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)

....ground giving rise to the criminal proceedings against the respective 1st party accused persons and the law relating to the same. Securities and Exchange Ordinance was promulgated by the then Central Government of Pakistan in 1969 for the protection of investors, regulation of markets and dealing in......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ..

Category: Business or Commercial Law | Date: | Hits: 219

Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)

....uit is such suit. There is no escape from the liability which is saddled by law. Such statutory liability is based on common law and reliance may be placed on Barbant Vs. King 1895 A.C. 632 where the Government being bailee under contract was held liable for non-feasance. Again in Ranson Vs. Platt 1......nstruc­tion of the sections may not necessarily be taken as approved. In the result therefore this appeal is dis­missed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364...

Category: Civil Law | Date: | Hits: 112

Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)

....claration that the order of compul­sory retirement of the plaintiff vide Notifica­tion No.1417-PH dated 5.6.59 are illegal, ultra vires, void and further the plaintiff is still in service under the Government. 3. The suit was decreed by the Trial Court. The view was taken that the Screening Com......this appeal is allo­wed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ..

Category: Employment/Service Law | Date: | Hits: 196

Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)

....se, then illegal action must be rectified. The High Court Division has given an inconsis­tent finding. The authorities in pursuance of the requisition of the Pourashava under Ordinance XXVI of 1970 (Government and Local Authority Lands and Buildings (Reco­very of Possession) Ordinance, 1970 took t......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ..

Category: Property Law | Date: | Hits: 99

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....s Recovery Act, in the aforesaid 7 Certificate Cases denying his liability for the huge arrear revenue dues on the grounds, inter alia, that the lands of some of the Khatians had been acquired by the Government and some of the lands had been transferred by him to different persons; and praying for p......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ..

Category: Property Law | Date: | Hits: 128

Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)

....ment, alleging, inter alia, that on 21-3-2007 around 1-30 PM while he (informant) with some constables was in patrol duty received a message over wireless sent from Hazaribag Police Station that some Government relief corrugated iron sheets (CI sheets) would be available at Bhagalpur Lane area. Then......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214...

Category: Criminal Law | Date: | Hits: 230

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

...., 2010. Result: The rule is made absolute. Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir N......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..

Category: Criminal Law | Date: | Hits: 132

Carew and Company (Bangladesh) Limited Vs. Chairman Labour Court and others, 1998, 27 CLC (HCD)

....reement Annexure-’D’ dated 21-11-84 (28-11-84) is neither a ‘settlement’ nor an ‘agreement’ as per section 2 sub-section (24) of the IRO, because copy of the agreement was not sent to the Government and as such the agreement is not enforceable under section 34 of the IRO. This contention......t further delay. The order of stay granted earlier by this Court hereby stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 396. ..

Category: Labour and Industrial Law | Date: | Hits: 281

Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)

....he same to various customers in Bangladesh. The petitioner’s Company was required to sell its aforesaid products after having the necessary excise and regulatory duty determined and approved by the Government through the respective zonal officers of the Customs and Excise, Chittagong. The same was......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393...

Category: Fiscal/Taxation Law | Date: | Hits: 169

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... 372. ......nciple or guideline for the exercise of discretion by the Government when it proposes to retire a Government servant from amongst a group of Government servants similarly situated and holding similar jobs, there invariably exists the scope for arbitrary exercise of such discretion. Discretion of ..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Major General Moinul Hossain Chowdhury………………Petitioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Jud...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ..

Category: Employment/Service Law | Date: | Hits: 244