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SN Goswami, Advocate and another Vs. Government of the People's Republic of Bangladesh and others, 2001, 30 CLC (HCD)

.... Original Jurisdiction) Present: Syed Amirul Islam J AKM Shafluddin J SN Goswami, Advocate and another……….Petitioners Vs. Government of the People's Republic of Bangladesh and others…………Respondents Judgment June 3, 2001. C...... and day out during the tenure of their office. In view of our aforesaid discussions, the application is summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 332. ..

Category: Constitutional Law | Date: | Hits: 126

Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)

.... prosecution side claimed in Court on Monday that witness in Jalal Murder Case could not be traced; the victim’s wife Halima told The Daily Star yesterday that she and her children were told by the public prosecutor to keep away until he called her, that after the report of disappearance appeared ......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..

Category: Criminal Law | Date: | Hits: 189

Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)

.... Lordship’s observations and comments given in the aforesaid Case run as follows: “The Chief Justice has felt extremely uneasy over the remarks made in respect of him, for he cannot give a public reply, nor he is obliged to justify or explain to the Executive any matter falling within the...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..

Category: Criminal Law | Date: | Hits: 49

Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)

....) that a person within the limits of its appellate criminal jurisdiction be brought up before the Court to be dealt with according to law; (b) that a person illegally or improperly detained in public or private custody within such limits be set at liberty; (c) that a prisoner detained ......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..

Category: Criminal Law | Date: | Hits: 33

Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)

....nt and Mr. FKM Ahsan Mahbub, the learned Assistant Attorney-General appearing for the State. 6. The learned Advocate appearing for the appellant submits at the very outset that the appellant being public servant and the Case being under section 409 of the Penal Code read with section 5(2) of Act ......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ..

Category: Criminal Law | Date: | Hits: 42

Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)

....oduced and developed by the English during their rule of the sub-continent and have been shaped after the English Common Law. “The Court has a duty”, says Selbourne LC “to discharge towards the public and the suitors, in taking care that its records are kept free from irrelevant and scandalous......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..

Category: Civil Law | Date: | Hits: 80

Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)

.... 33. Now we come to the last issue as to whether the sentence awarded to each of the accused persons is proper. Prevention of Corruption Act (Act II of 1947) is a socially useful measure conceived in public interest and, therefore, the punishment to be such as will bring the desired object. We furth......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..

Category: Property Law | Date: | Hits: 33

Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)

...., in brief, is that the petitioner is a minority share-holder holding 28,860 shares out of 1,47,816 shares issued by the United Food Complex Ltd (hereinafter called). The respondent No.1 company is a public limited company which was incorporated on 10-1-81 to carry on business of poultry, fish, dair......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..

Category: Business or Commercial Law | Date: | Hits: 198

Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....d that the respondent had no authority to make the impugned order relying upon Section 3 of the Provisional Collection of Taxes Act, 1931 unless there is a specific declaration to the effect that the public interest imposition of the customs duty or excise duty is made in the Bill. Section 3 reads: ......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..

Category: Fiscal/Taxation Law | Date: | Hits: 65

Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)

....ocedural safeguards have their historical origins in the notion that conditions of personal freedom can be preserved only when there is some institutional check on the arbitrary action on the part of public authorities.” With eviction process although vide Annexure ‘Q’ Superintending En......p the petitioners in any way in the above context. In the result the Rule is accordingly disposed of with the above observations. Ed. This Case is also Reported in: 53 DLR (2001) 63. ..

Category: Property Law | Date: | Hits: 60

Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)

....rder 7 r 11 of the Code, the then Supreme Court of Bangladesh held for the first time that an employee of a statutory corporation does not come within the master and servant rule as his service has a public character. So, he is entitled to a legal character and can maintain a suit for declaration un......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..

Category: Administrative Law | Date: | Hits: 165

Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)

....reciated the intent and purport of these provisions. 9. Section 228 of the Penal Code runs as follows: “228. Whoever intentionally offers any insult, or causes any interruption to any public servant, while such public servant is sitting in any stage of a judicial proceeding, shall be......absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the petitioner for their future guidance. Ed. This Case is also Reported in: 53 DLR (2001) 42. ..

Category: Criminal Law | Date: | Hits: 29

Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)

....ording to such rules as the Government may make in this behalf, the Revenue-Officer shall finally frame the record and shall cause such record to be finally published in the prescribed manner and the publication shall be conclusive evidence that the record has been duly prepared or revised under thi...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..

Category: Criminal Law | Date: | Hits: 59

Bangladesh Society for the Enforcement of Human Rights (BSEHR) and Others Vs. Government of Bangladesh and others, 2000, 29 CLC (HCD)

....vagrant homes along with a sum of Tk.5,000.00 plus a sewing machine or alternatively a consolidated sum of Taka 7,000.00 but such act has resulted in a diabolical fraud of the authority played on the public. The act of playing with the respect and dignity of the children and women and letting them o......ave alleged that the Government of Bangladesh is regularly taking measures to harass the women in prostitution and their children and to treat them as unwanted in the society hounding them from their peaceful occupation of house/rooms rented by them from the owners of the buildings. They regularly p..

Category: Constitutional Law | Date: | Hits: 264

Saudi Arabian Airlines Corporation Vs. M/S. Saudi Bangladesh Services Company Limited, 2010, 39 CLC (AD)

....s of both the parties, the High Court Division was pleased to set aside the award dated 08.06.2006 made by the majority decision of the Arbitration Tribunal on the ground that the award is opposed to public policy. 14. Being aggrieved by the judgment and order of the High Court Division the peti......ng to interfere with the judg­ment of the High Court Division in setting aside the award. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 361. ..

Category: Alternative Dispute Resolution | Date: | Hits: 207

Malek Hussain Pir Vs. Begum Nurjahan Khanum and others, 2009, 38 CLC (AD)

....inant under Section 200 of the Code of Criminal Procedure and registered the case as Special Case No. 13 of 2001 and passed an order writing to the Government for sanction as out of 10 accused 6 were public servants fixing 25.11.2001 for further order. On 25.11.2001 the District Anti-Corruption Bure......dge, Sunamganj shall proceed against the accused in accordance with law. In the result, the appeal is allowed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 109, VIII ADC (2011) 357. ..

Category: Criminal Law | Date: | Hits: 46

Khondker Delwar Hossain Vs. Speaker, Bangladesh Jatiyo Shangshad (Parliament), 1998, 27 CLC (HCD)

....Leader of Parliament, also addressed another letter to the Speaker, respondent No. 1 on 18.2.98 concerning the seat of Dr. Md. Alauddin now a State Minister (Annexure A1). They moved the Speaker for publication in Bangladesh Gazette by way of notification that the seats of the two members in respec......two B.N.P. members of Parliament, to the Election Commission within thirty days from the receipt of this order. Ed. This Case is also Reported in: 19 BLD (HCD) (1999) 45, 51 DLR (HCD) (1999) 1. ..

Category: Constitutional Law | Date: | Hits: 171

Md. Shafiqul Islam Talukder Vs. People’s Republic of Bangladesh, 2009, 38 CLC (AD)

....alukder, M.L.S.S, son of Md. Sohrab Ali Talikder, Village- Sabbisha, P.O. Baholee, P.S. Sirajgonj, District- Sirajgonj and others.………………….Petitioners. Vs. The People’s Republic of Bangladesh, represented by the Secretary, Finance Division, Ministry of Finance, Banglades...... ..

Category: Employment/Service Law | Date: | Hits: 106

Secretary, Parliament Secre­tariat, Dhaka Vs. Khandker Delwar Hossain and others, 1999, 27 CLC (AD)

....their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ......their seats pursuant to Article 70 of the Constitution to the Election Commission within 7 (seven) days from receipt of this order. Ed. This Case is also Reported in: 19 BLD (AD)(1999) 276. ..

Category: Constitutional Law | Date: | Hits: 138

Government of Bangladesh and others Vs. Azema Khatun, 2009, 38 CLC (AD)

....petition­er got her name mutated and obtained the R.S. Khatian No.2/1 published in her name and since her purchase she is in pos­session and enjoying usufructs therefrom declaring her owner-ship in public and has been growing paddy in the paddy field and rearing fish in the ponds peacefully, unin...... her name and since her purchase she is in pos­session and enjoying usufructs therefrom declaring her owner-ship in public and has been growing paddy in the paddy field and rearing fish in the ponds peacefully, unin­terruptedly and without any objection from any quarter and has been paying rents t..

Category: Property Law | Date: | Hits: 21