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Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....would maintain 31 centres out of 518 centres (Annexure E). Another resolution was taken in a meeting held on 17‑8‑2002, in respect of prevention of Dengue, but the petitioners were not allowed to handle the programme (Annexure E‑1). In the meantime, a Circular vide memo No. Poura‑1/M‑02/20......orary in concept, limited in duration, conditional in application and specific in object. Reservation must contain within itself the seeds of its termination. The learned Judge however, sounded a note of warning, inter alia, on the question of reverse discrimination at para 553: 553. Any beni..Category: Constitutional Law | Date: | Hits: 443
....r by the order dated 1.8.84 by the Deputy Commissioner, and Chairman, District Management Board, Rangpur, with a direction to take over possession from the lessees after cancelling their lease and to hand over possession of the property to the petitioner.
3. Later on when Lalmonirhat was creat......citizenship or he owned allegiance to any other country.
The Rule is accordingly made absolute without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 340...
Category: Immigration and Citizenship Law | Date: | Hits: 178
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....ies in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted by this Court on 5-11...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....all these facts to him. Nazma also told that at about one hour in the night someone fell her down from the “Khat” when she was roaring and on hearing this Faruque and others, 4 in number, saw the hands and mouth of Nazma fastened which they untied and then saw the blood stained slaughtered dead ......ssions. There is nothing to show that the accused persons made the confession out of fear or torture or maltreatment of the Police or that the confession was the result of inducement. We have already noted that the learned Magistrate recorded the confessional statements in respect of both the condem..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....16; 43 DLR WCD) 204; ILR 3 Mad (PC) 384; AIR 1945 C41. 492. 7. Mr. Kaiseruddin Ahmed, the learned Deputy Attorney‑General appearing for the defendant Government opposite parties, on the other hand, submitted that the order passed by the lower appellate Court directing production of additiona......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308...Category: Procedural Law | Date: | Hits: 113
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
.... lathi, gupti, gun etc. encircled them. Accused Ekramul Hoq passed order to kill them. Accused Shahjahan Biswas, Kuti Shaikh and Shaheb Shaikh and Dulu Biswas caught hold of Belayet Khan and tied his hands and mouth while accused Mostain Mollah, Babu Mollah, Elias Biswas and Tulu Biswas caught Golar......oborated by independent witnesses. 32. The learned Judge, however, placed reliance on the statements of P.W.8 who according to him is an independent and disinterested witness. It is to be taken note of that in the FIR there is mention of this P.W.Shawkat Mollah who stated to P.W.1 and others t..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... line suggested by them under the Constitution and accordingly the Vice President Moudud Ahmed resigned and the caretaker Government was appointed by the detenu and he resigned himself on 6.12.90 and handed over power to the present Caretaker 'Government for conducting parliamentary election under t......e intention of the Government was to stop or prevent commission of any prejudicial acts and in the process, persons involved were needed to be prevented from committing such acts. 41. It may be noted that Article 7(1) of the Constitution provides: "All powers in the Republic belong to th..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....t, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Shamsul Alam Chowdhury, the husband of the opposite party Mrs. Sheerin Alam Chowdhury on the other hand, as plaintiff filed a counter suit being Family Suit No.10 of 1987 in the said Court for restit...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ..Category: Family Law | Date: | Hits: 265
....order dated 15.4.89 was received on 16.4.89 after lock-up hours at 4-30 P.M. No Register of processes and orders has been produced to show that the order was received at 4-30 P.M. There is only a handwritten noting on the body of the advance order of release dated 15.4.89 showing the figures 4-3......ioner has clearly alleged that the jail authority received the advance release order on 16.4.89 at 1 P.M., much ahead of the lock-up hour. The petitioner is the most natural person to keep a mental note of hourly developments, she being the most anxious person for her husband's release. We are not..
Category: Criminal Law | Date: | Hits: 124
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....mitted that the cause of action for the present suit has arisen at Laxmipur Sub-Registry Office. 7. Mr. Abdul Quayum, the learned Advocate appearing on behalf of the opposite parties, on the other hand, has contended that the suit involves the rights of immunity from immovable properties and as s......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500...Category: Property Law | Date: | Hits: 136
Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)
....ten objection that the arbitrator was not so requested by the plaintiff or that the arbitrator did not so authorise the plaintiff. There is no such allegation in the written objection. On the other hand, it appears from the application filed by the plaintiff before the trial Court that the origi......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ..Category: Procedural Law | Date: | Hits: 93
....erything was done rightly between the parties. We further find from the Bill of Lading Ext. 2, that the description of goods are Foreign manufactured wired glass in 15 packages and case frail, second hand deems insufficiently packed. Therefore, the policy which was taken in the present case as p......ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
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Category: Business or Commercial Law | Date: | Hits: 325
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....e judgment and order dated 4th of April, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from th......ed char lands under P.O. 72/72 and P.O. 137/72, the same being in possession of the lessees, the object of filing the suit has been frustrated and the suit became infructuous. It is very pertinent to note that Suresh Majumder who prayed for transposing 12 co-plaintiffs to the category of pro forma d..Category: Procedural Law | Date: | Hits: 82
....rities. On the basis of these false allegations the Secretary of the Ministry of Communication, Roads & Road Transport Division, constituted an Enquiry Committee headed by Mr. Noor Mohammad Akhand, a Joint Secretary of the said Ministry. The committee held enquiry on the back of the petition......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
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Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....n Jail Appeal No. 912 of 2006) (In Jail Appeal No. 913 of 2006) (In Jail Appeal No. 914 of 2006) (In Jail Appeal No. 915 of 2006) (In Jail Appeal No. 916 of 2006) (In Jail Appeal No. 530 of 2006) Khandaker Mahbub Hossain with Sheikh Mohammad Ali, Mashfiqul Haque Khan and M. Masud Rana- For the co......d accumulated in the cranial cavity uterus contained a dead male foetus of about 28 weeks of gestational period. He opined that the death was due to shock and haemorrhage resulting from the above noted injuries which were ante mortem and homicidal in nature.” Upon holding Post Mortem Exami..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....urt of appeal below committed gross illegality in sending back the case on remand to the trial Court. 11. Mr. Md. Osman Ghani, the learned Advocate appearing for the opposite parties on the other hand, supports the impugned order of remand which was according to him just, correct and proper. He ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....orney-General could not show any case under sections 406/409 of the Penal Code pending for investigation against the petitioner before the Bureau of Anti-Corruption at the relevant time. On the other hand, there is specific averment in the writ petition that cases filed against the petitioner or her......he Sessions Judge also in appropriate cases after being satisfied may accord permission for the purpose of investigating the offence as mentioned in proviso(a) to section 165 of the Code. It is to be noted here that in the impugned memo there is no mention of any allegation of the offence against th..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
....ng is an abuse of the process of the Court and law and the same is liable to be quashed for ends of justice. 9. Mrs. Sakila Rowshan, the learned Deputy Attorney General for the State, on the other hand, submits that the contention of the petitioner is subject to proof and that the complainant c...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....ounts in respect of expenses and income of the petitioner and complied with the statutory obligations and there is no concealment of income and no income has escaped from the assessment. On the other hand, sub-section 3 of section 82BB is a special provision for tax treatment which is a extraordinar...... (3) of section 82BB of the said Ordinance. 12. We have heard the learned counsel for the petitioner and the learned Deputy Attorney General at length and considered their submissions. Let us take note of the provision as envisaged section 82BB under the caption of "Universal Self Assessment" fir..Category: Fiscal/Taxation Law | Date: | Hits: 167
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....ncer‑cum‑singer commonly known as Baizee (বাইজি). 16. The petitioner Mrs. Sadia Chowdhury Porag in paragraph 3 of the Writ Petition stated that Hason Raja’s ancestor Raja Birendra Chandra Singha Deb embraced Islam and adopted the name Babu Khan. Birendra’s father having failed t......ons of the learned Counsel of both sides and for the foregoing reasons, we are of the opinion that ends of justice would be met if the Rule is discharged without any order as to cost, however, with a note of warning and caution to petitioner Sadia Chowdhury Porag not to indulge in such activities in..Category: Civil Law | Date: | Hits: 210
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