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Mahbuba Wahed Vs. Secretary Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

.... detention order has been served. 3. An affidavit-in-opposition on behalf of the opposite party No.1 has been sworn by an Assistant Secretary (Security) of the Ministry of Home Af­fairs, Govt. of Bangladesh, wherein it has been stat­ed that the detaining authority having been satisfied that the......­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153.......al Miscellaneous Case No. 100 of 1989. Judgment Latifur Rahman J. - In this Rule the peti­tioner has challenged the legality of the detention or­der of her husband M. A. Wahid and has prayed for his release. 2. In the petition it has been stated that the de­tenu was served with an order......­tendent, Dhaka Central Jail forthwith at the cost of the petitioner by Special Messenger for compliance with the order of this Court. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 153...

Category: Criminal Law | Date: | Hits: 109

Satya Ranjan Sarda Vs. State, 1989, 18 CLC (HCD)

.... to- 29 DLR 428; 30 DLR 125; 31 DLR 242-243; Md. Kalu Bhuiya alias Kalu Vs. Special Tribunal No. II, 30 DLR 125; Nuru alias Nurul Is­lam and others Vs. State and another 31 DLR 241; Siraj Mia Vs. Bangladesh and another; Zahidul Haque Vs. Bangladesh and another; Wahed Ali & others Vs. State 3...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ......ourt of Sessions Judge (Special Tribunal No.1), Dinajpur should not be quashed. 2. The facts of the case, briefly stated, are:— Naik Subedar Majibur Rahman, B.D.R. Dinaj­pur lodged a First Information Report with the Kotwali police station alleging, inter alia, that on re­ceipt of the secr...... be quashed. In the result, the Rule is made absolute and the proceedings of Special Tribunal Case No.2 of 1989 is hereby quashed. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 142. ..

Category: Criminal Law | Date: | Hits: 103

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....Court High Court Division (Dhaka) (Civil Revisional Jurisdiction) Present: Mustafa Kamal J Md. Mozammel Hoque J Ahmed Silk Mills Ltd.......................Petitioner Vs. Bangladesh Shilpa Bank.............Opposite Party Judgment June 29, 1989. Result: The Ru......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ...... section 10 C.P.C. should not be set aside. 2. Facts in short are that the petitioner as plaintiff instituted Title Suit No.356 of 1984 (pre­viously T.S. No.14 of 1981) against the opposite party for a declaration that the opposite party-Bank having taken exchange risk commission cannot put into......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ..

Category: Civil Law | Date: | Hits: 119

Sheikh Hasina Vs. State & another, 2010, 39 CLC (HCD)

....Penal Code read with section 5(2) of the Prevention of Corruption Act (Act No. II of 1947) was started, alleging inter alia that in the financial year 1995-96 a proposal for purchase of a Frigate for Bangladesh Navy with necessary specifications was sent to the Director General, Defence Purchase fro......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ......he State. Syed Mizanur Rahman, Advocate - For the Anti-Corruption Commission. Criminal Miscellaneous Case No.13163 of 2003. Judgment Md. Shamsul Huda J.- Supplementary affidavits filed before us do form part of the main application. 2. This rule was issued on 6-12-2003 calling upon t......of Tejgaon PS Case No.34(8) 2002, now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 26. ..

Category: Criminal Law | Date: | Hits: 106

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....ecisions relied on by Mr. Abdus Samad reported in 31 DLR (AD) 298, has no manner of application in the instant case because in that case in interpreting the relevant service rules as framed under the Bangladesh Bank Order, the Court found that an employee will remain on probation even after expiry o......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......tuted the instant suit being other class suit No.133 of 1986 in the Court of the learned Senior Assistant Judge, Sadar Upazila, District Rajshahi impleading the present petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vid......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ..

Category: Employment/Service Law | Date: | Hits: 166

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......d not be set aside. 2. Plaintiff case, in short, is that the opposite party as plaintiff instituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legall......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ..

Category: Family Law | Date: | Hits: 202

People's Republic of Bangla­desh Vs. Chairman, Court of Settlement of Bangladesh and another, 1995, 24 CLC (HCD)

....cial Original Jurisdiction) Present: AM Mahmudur Rahman J Mahfuzur Rahman J People's Republic of Bangla­desh, represented by the Secretary, Ministry of Housing and Works, Govern­ment of Bangladesh.......................Petitioner Vs. Chairman, Court of Settlement of Bangladesh, B......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ......pared under the relevant provision of Ordinance No.54 of 1985. The petition is delayed by inordinate delay as mentioned in paragraph 11 of this petition in the following manner with explanation there for "that all formalities consumed a lot of the time causing the above mentioned inordinate delay as......n we need not embark on discussion on merit. In the result, this petition is rejected on the ground of inordinate delay. No costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 502. ..

Category: Limitation Law | Date: | Hits: 230

Eliadah McCord Vs. State, 1995, 24 CLC (HCD)

....3. Judgment Md. Mozammel Hoque J.- This suo motu Rule was issued in Criminal Miscellaneous Case No.2085 of 1995 on 18‑7‑95 directing the secretary, Ministry of Home Affairs, Government of Bangladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495.......ladesh, the Deputy Commissioner, Dhaka, and the DIG (Prison), Dhaka Central Jail, Dhaka, to show cause as to why the detenu Eliadah McCord, now detained in Dhaka Central Jail, should not be brought before this Court to be dealt with in accordance with law and why her detention should not be declared......icated to the Ambassador of the United States of America in Bangladesh having his office at Baridhara, Gulshan, Dhaka, for information. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 495...

Category: Criminal Law | Date: | Hits: 162

Makbul Ali & others Vs. Manwara Begum & others, 1987, 16 CLC (HCD)

....o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181.......ney General -For the State. Criminal Revision No.54 of 1985. Judgment Anwarul Hoque Chowdhury J. - This Rule arises out of an application under section 561A of the Code of Criminal Procedure for quashment of the proceeding in C.R. Case No.156 of 1985 pending in the Court of the Upazila Magi......o.2 is hereby set aside after being quashed. She is to be released from her bail bonds immediately. Abdul Bari Sarker J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 181...

Category: Family Law | Date: | Hits: 193

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....¦â€¦â€¦â€¦Respondent Judgment May 25, 1986. Result: The rule is dis­charged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfare Trust Vs. Burhanuddin Chowdhury, 33 DLR (AD) 321; Farzand Ali ......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......, Barisal in Title Appeal No. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of termination of their services passed on 17.09.1981 by the petiti......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ..

Category: Labour and Industrial Law | Date: | Hits: 186

Ruhul Amin Vs. Director, Drug Adminis­tration and Licencing Authority (Drugs), Di­rectorate of Drug Administration, 1986, 15 CLC (HCD)

....spondents. Writ Petition No.148 of 1985. Judgment Mustafa Kamal J.- This rule was obtained by the petitioner under Article 102 (2) of the suspended Constitution of the People's Re­public of Bangladesh as restored under the Constitution (Partial Revival) (Second) Order, 1985 read with the P......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ...... of Drug Administration should not be declared to have been passed without any lawful authority and of no-legal effect. 2. The case of the petitioner is that he is a manufacturer of unani medicine for long as the owner of M/S Rana Research Labora­tory. After the promulgation on 12.06.1982 of the......d to the Secretary, Ministry of Health and Family Planning for his perusal and necessary action. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 158. ..

Category: Others | Date: | Hits: 184

Dhaka Chamber of Commerce and In­dustry Vs. Secretary, Ministry of Works of the Govt. of the People's Republic of Bangla­desh and others, 1986, 15 CLC (HCD)

....espondents. Writ Petition No.150 of 1985. Judgment Anwarul Haque Chowdhury J. - This appli­cation by the Dhaka Chamber of Commerce and Industry under Article 102 of the People's Republic of Bangladesh as revived, is directed against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ......rected against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust. 2. On that appli......s rule is discharged with­out any order as to cost. The stay granted earlier is hereby vacated. Sultan Hossain Khan J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 145. ..

Category: Civil Law | Date: | Hits: 162

Abul Hussain Md. alias Abul Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others, 1991, 20 CLC (HCD)

....mad Habibur Rahman J Mainur Reza Chowdhury J Abul Hussain Md. alias Abul.....................................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and Others………..………………………...Respondents Judgment May 2......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521....... Memo No.1166/1(2)(Arms Licence) dated 5.8.90 (Annexure-E) issued by the Deputy Commissioner Dhaka (Respondent No.2) should not be declared illegal and to be of no legal effect. The operation of the aforesaid notice dated 6.10.90 (Annexure V) issued by the ASI, Mirpur PS, Dhaka was stayed for a limi......py of this order be sent to the respondent No.2, Deputy and Respondent No.4, Officer-in-charge, Mirpur, PS, Dhaka for information. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 521...

Category: Criminal Law | Date: | Hits: 105

Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)

..... So the imported consignment is still under the control and authority of the respon­dent No.1 Commissioner. 5. It is further stated that the pre-shipment inspection agent "Bureau Veritas (BIVAC) Bangladesh Ltd." vide a letter dated 3-11-2003 sought a ruling purportedly under section 219 of the ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ......r of the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption after refinement of the same. Respondent No.4 Alhaj Oil Mills Limited is also ......h law as early as possible preferably within 1(one) month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 6; 30 BLD (HCD) (2010) 149. ..

Category: Fiscal/Taxation Law | Date: | Hits: 172

Begum Shirin Akhtar Vs. Bangladesh House Building Finance Corporation and others, 2010, 39 CLC (HCD)

..... ......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ......, Deputy Attorney-General - For the Opposite Parties. Civil Revision No.941 of 2005 with Civil Revision No.1372 of 2004. Judgment Sharif Uddin Chaklader J.- In these two rules question calls for determination are same whether the loanee judgment debtor could maintain his property on payment......earned judge can disposed of the cases without taking any further step. Send down the lower record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 1. ..

Category: Civil Law | Date: | Hits: 198

Usha Chemical Industries Ltd. Vs. Bangladesh, 2008, 37 CLC (HCD)

.... 563. ......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sum­marily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ......f the People's Republic of Bangla­desh. 2. It is stated in the petition that in response to a notice of demand allegedly based on consumption of gas (Annexure-F), the petitioner filed an appeal before the Commissioner, Customs, Excise and VAT (Appeal), the respondent No.5 but by an order dated 2......in a period of 3 months from the date of receipt of this order. With this direction this Writ Petition is sum­marily disposed of. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 563. ..

Category: Fiscal/Taxation Law | Date: | Hits: 280

Shamsuddin Ahmed alias Md. Shamsuddin Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others, 1992, 21 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Shamsuddin Ahmed alias Md. Shamsuddin………Petitioner. Vs. Managing Director, Bangladesh Mukti Juddha Kallyan Trust and others……..Respondents. Judgment August 13, 1992.......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ......s in the Head Office, Finance Division against two such posts as per Organogram of the Trust Head Office and as such his service was properly terminated as a surplus personnel and that there is no uniform practice or statutory rules that the junior most officer should be terminated in such cases and......petition is declared to have been made without lawful authority. The respondents are directed to reinstate the petitioner in service. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 524. ..

Category: Employment/Service Law | Date: | Hits: 207

Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)

....o have agreement of purchase from the defendant Nos.7 and 8 but they could not produce anything in support of their claim. Further case of the plaintiffs is that after the respondent Nos.7 and 8 left Bangladesh for India the defendant Nos.1 ‑6 might have created some forged signatures upon some wh......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......e J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Tit......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ..

Category: Property Law | Date: | Hits: 154

Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)

.... a cheque bearing No. CHA HI D/C, 084647 for Tk. 1,77,200.00 on Sonali Bank, Chowk Bazar Branch, Dhaka payable to the petitioner company, M/s Javed Traders. The cheque was deposited with Islamic Bank Bangladesh Ltd. for clearance and which in its turn presented the cheque to the Sonali Bank for paym......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......8, 3.1.89 and 19.1.89 of the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institut......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490...

Category: Procedural Law | Date: | Hits: 155

Abdul Quddus Vs. Government of Bangladesh, 1990, 19 CLC (HCD)

....vision (Special Original Jurisdiction) Present: Nurul Huque Bhuiyan J Mainur Reza Chowdhury J Abdul Quddus.......................Petitioner Vs. Government of Bangladesh.......................Respondents Judgment June 27, 1990. Result: ......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484.......titioner was an Army Havildar and freedom fighter soldier. The petitioner entered into occupation of the said holding on and from 1.1.72. Since he was occupying the said holding the petitioner prayed for settlement of the said holding as the same was declared abandoned property and the office of the......have no reason to interfere with the judgment and order. In the result, the Rule is discharged. We make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 484...

Category: Property Law | Date: | Hits: 158