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Al-Amin Construction Co. Ltd. Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

....l the bidders which are awaiting acceptance by the Government. In the result, the Rule is disposed of with the dove observations. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 510. ...... "To enjoy the protection of the law, and to be treated in accordance with law, and only in accordance with law, is the inalienable right of every citizen, wherever he may be, and of every other person for the time being within Bangladesh, and in particular no action detrimental to the life, ..

Category: Others | Date: | Hits: 207

Rowshan Ara Begum and others Vs. Doctor's Chemical Works Ltd. & others, 1991, 20 CLC (HCD)

....lotted in favour of respondent Nos.2, 3 and 4 and the returns thereof are also illegal and Void and as such they are cancelled. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 371. ......ry objection to the effect that an application like this is not maintainable under section 38 of the Companies Act. His objections are twofold, namely, (1) in the present case neither the name of any person is fraudulently nor without sufficient cause entered into or omitted from the register of mem..

Category: Company Law | Date: | Hits: 225

Hasina Karim Vs. Bangladesh, 1992, 21 CLC (HCD)

.... Let this order be communicated to the Deputy Inspector General of Prisons, Rajshahi Central jail, Rajshahi for compliance. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 366. ......like all the other previous grounds also suffers from absolute vagueness. 16. It, therefore, appears that all the above grounds suffer from such utter vagueness as to render it impossible for a person of ordinary prudence to submit any effective representation against these grounds in accordan..

Category: Constitutional Law | Date: | Hits: 299

Matiur Rahman (Md.) Vs. Bangladesh & others, 1998, 27 CLC (HCD)

....tioners vide Annexure-Z(3) of the writ petition. Considering the facts and circumstances of the case, we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 357. ......Cadre with immediate effect and why the petitioner’s seniority should not be counted from the date of his first joining the government service as per government’s decision of seniority of surplus personnel as published in the office memorandum No.ED(R- 11)S-59/77-25(500) dated 20-3-97 Annexure Z..

Category: Employment/Service Law | Date: | Hits: 216

Musa Bin Shamsher Vs. Ansarul Huq Ansari & others, 1986, 15 CLC (HCD)

....dvocate for the accused petitioner for giving him time to move the Appellate Division if he so likes. Md. Abdul Jalil J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 24. ......id purpose in presence of attesting witnesses M. Akbar, Shahid Zafar and Abdul Baten he did not supply the N.O.Cs nor did he refund the money in spite of several notices through advocate, but he came personally on 20.02.1982 and promised to refund the said amount of Taka twenty lacs in 20 installmen..

Category: Criminal Law | Date: | Hits: 362

Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)

....nd any merit in this appeal. Hence the appeal is dismissed and the con­nected Rule is also discharged without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......urchaser respondent who was also allowed to put up a signboard in her own name upon express­ing willingness to sell/allot different spaces for mar­ket/office/apartment/car parking to the interested persons. The purchaser respondent was also allowed to obtain clearance certificate from the RAJUK an..

Category: Alternative Dispute Resolution | Date: | Hits: 251

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....nts have been made against Mahmudul Amin Chowdhury, a Judge of this Court, in respect of his performance as Commissioner of Chittagong University Enquiry Commission appointed under the Commissions of Inquiry Act, 1956. It is stated that Mahmudul Amin Chowdhury, J was appointed as Commissioner for En......esumed to apply to civil proceedings. Indeed in Attorney‑General Vs. Times Newspaper, Ltd. Lord Reid said that: There is no magic in the issue of a writ or in a charge being made against an accused person. Comment on a can which is imminent may be a objectionable as comment after it has begun. 'Si..

Category: Criminal Law | Date: | Hits: 131

Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)

....The Rule is, accordingly, made absolute. Let an advance order be sent to the Superinten­dent, Comilla Central Jail, Comilla. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 603.......argued that the relief claimed in the na­ture of habeas corpus under section 491 CrPC is barred by the provision of sub‑section (3) which runs as follows: "Nothing in this section applies to persons detained under any law for the time being in force providing for preventive detention". ..

Category: Criminal Law | Date: | Hits: 156

Abul Kalam Chowdhury Vs. Mohammad Zulfiqar, 1991, 20 CLC (HCD)

....pur Union Parishad Centre should be held as early as possible in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 595. ...... said Rules provides "The petitioner may claim as relief any of the following declarations‑ (a) that the election of any returned candidate is void and that the petitioner or some other person has been duly elected; or (b) that the election as a whole is void.’’ From th..

Category: Election Law | Date: | Hits: 240

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589....... for regulating conditions of service of workers employed in shops and commercial and industrial establishments excluding those which are owned and directly managed by the Government and in which the persons employed are governed by the Government Servant Conduct Rules and for matters connected ther..

Category: Labour and Industrial Law | Date: | Hits: 176

State Vs. Abul Kalam Azad, 1995, 22 CLC (HCD)

....sed is absconding the sentence of imprisonment shall from the date of his apprehension by the police or surrender before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 103. ......natul Ferdousi, Imran, Moushin, Latifa Khanum and Tofazzal Hossain were in the said house. Accused having entered into the room took out a knife and a dao from his bag and started giving blows on the person of the mother of the informant. Thereafter he struck on Moushin and advanced to strike at the..

Category: Criminal Law | Date: | Hits: 125

Liton Vs. State and others, 1995, 24 CLC (HCD)

.... This Rule is therefore, discharged not on merit but as premature. The order of stay granted earlier by the Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 102. ......ontemplated by the Code of Criminal Procedure. 3. In view of this legal position the High Courts of our sub‑continent used to quash criminal proceedings Pending in the subordinate Courts where a person is being harassed by an illegal prosecution, or where there is manifest and patent injustice ..

Category: Procedural Law | Date: | Hits: 140

SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)

....ibunal, so far it relates to the appellant, is set aside. There will be no order as to costs. Send down the LC records immediately. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 98. ...... resolution dated 21.5.92, but the same also contain another resolution dated 31.5.92. In considering this matter, one question of law cropped up which the tribunal totally failed to consider. When a person is to be found guilty for forgery of a document, there must be an original document first. Wh..

Category: Others | Date: | Hits: 139

Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....been declared as a Court of Sessions by the aforesaid Gazette notification dated 28th August, 1995. Let an advance order be issued. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 95. ...... 7. Mr. Khondker, the learned Advocate appearing for the petitioners submits that the learned Sessions Judge has no power or jurisdiction to limit the number of lawyers to be engaged by the accused persons. The learned Sessions Judge has referred to section 352 of the code of Criminal Procedure fo..

Category: Criminal Law | Date: | Hits: 121

KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)

....ings of the Marine Court. In the result, the Rule is discharged and order of stay stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 92. ......ce, 1976 provides that a Marine Court, shall be constituted consisting of a Magistrate of the first Class who shall be assisted by not less than two or more than four assessors of whom one shall be a person conversant with maritime affairs and the other or others shall be person or persons conversan..

Category: Criminal Law | Date: | Hits: 88

Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)

....stated above, this petition fails and is liable to be rejected. Accordingly, we reject this petition without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 91. ......e inserted therein. 2. In order to invoke our jurisdiction under Article 102 the petitioner is to establish that he has a legal or constitutional right to maintain this petition. Secondly, he is a person aggrieved for infringement of his such right. The petitioner fails to establish such far less..

Category: Constitutional Law | Date: | Hits: 247

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90.......e Penal Code read with section 5(2) of the Anti‑Corruption Act of 1947 and section 2 of the Criminal Law Amendment Act, 1958. 3. It appears from the two petitioners of complaint that the accused persons in collusion with each other had misappropriated Union Parishad properties worth Taka 80,000..

Category: Criminal Law | Date: | Hits: 112

Anwar Hossain & others Vs. State & others, 1995, 24 CLC (HCD)

....ention also. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 89. ......der section 188 of the Penal Code for violation of his own order. 4. It has been argued on behalf of the petitioners that the proceedings was initiated on the basis of an application of a private person and the public officer concerned did not file any complaint and so the learned Magistrate act..

Category: Procedural Law | Date: | Hits: 109

Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......ppreciation of the point raised by the learned Advocate for the petitioner it will be pertinent to look at the provision of section 9 of the Specific Relief Act which reads as follows:- “If any person is dispossessed without his consent of immovable property otherwise than in due course of law..

Category: Property Law | Date: | Hits: 119

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....t on 11.3.87, 23.4.87 and 6.5.87 with their own terms and conditions. The petitioner further states that after the fall of President HM Ershad the Government of Mr. Justice Shahabuddin constituted an Inquiry Commission to investigate into the allegations of the corruption and misuse power by the Pre...... থেকে তিন মাসের মধ্যে.........” 18. Mr. Rafiq‑ul‑Huq pointing out to the conditions submits that the summary does not indicate that the petitioner had any personal benefit or it was the result of conclusion between the co‑accused. Mr. Rafiq‑ul‑Huq d..

Category: Criminal Law | Date: | Hits: 111