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....ent:
Nurul Huque Bhuiyan J
Abdul Mannan and others……………………………………………………….….………….Petitioners
Vs.
Government of the People's Republic of Bangladesh & others…………….Opposite-Parties
Judgment
August 23, 1986.
Result:
......inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
......984 passed by the learned Upazila Munsif, Begumganj, in Title Suit No.66 of 1984 appointing receiver in respect of the suit property at the instance of the defendant No.11.
2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the petitioners, as p......inable.
In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 19.
..
Category: Procedural Law | Date: | Hits: 139
Joinal Abedin Jamal and others Vs. Noor Afza, 2010, 39 CLC (HCD)
.... = 1963 (3) SCR 209; Khardah Company Limited Vs. Raymon and Company (India) Private Limited, AIR 1962 (SC) 1810; Sree Sudhir Chandra Saha Vs. Matiran Bewa, 6 BLD (AD) 182; Registrar, Supreme Court of Bangladesh Vs. Md. Shafiuddin, 10 BLT (AD) 50; Bangladesh Fisheries Research Institute Vs. Mr. Bhuiy......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. ......to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 432. ......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. ..Category: Alternative Dispute Resolution | Date: | Hits: 251
Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chowdhury and others, 1992, 21 CLC (HCD)
....ral ‑ For the State. Civil Order No. 7550 of 1991. Judgment ARM Amirul Islam Chowdhury J.- This is an application under Article 108 of the Constitution of the People's Republic of Bangladesh read with section 2 of the Contempt of Court Act, 1926. 2. It is stated in the appl......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Contempt of Court Act, 1926. 2. It is stated in the application that certain contemptuous statements 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......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535...Category: Criminal Law | Date: | Hits: 131
Serajul Alam Khan Vs. State, 1992, 21 CLC (HCD)
.... State ……………..Opposite Party Judgment July 23, 1992. Result: The Rule is made absolute. Cases Referred To- Syeda Rezia Begum Vs. The People's Republic of Bangladesh, 40 DLR 210; Kalipada Hazra Vs. State 30 DLR 103; Abdul Latif Mirza Vs. Government of Ban......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.......he detenu is a law abiding citizen of Bangladesh. He has a heroic role in organizing freedom struggle and was one of the five young leaders who played leading role in organizing the youths who fought for the liberation of the country. The detenu is recent years developed contacts with various Un......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...Category: Criminal Law | Date: | Hits: 156
Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)
.... Md. Shahabuddin Vs. The Janata Bank, 41 DLR 94; Senior Manager, Dosta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. La......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.......sta Textile Mills Ltd. & another Vs. Sudhangsu Bikash Nath, BCR 1987(AD) 454 = 40 DLR (AD) 45; Jogesh Chandra Datta Vs. Govt. of Bangladesh, 30 DLR 219; Wolverhampton Now Waterworks Co. Vs. Hawkesford, (1989) 141 ER 486. Lawyers Involved: Kazi AT Monowaruddin, Advocate ‑ For the Pe......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...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. ......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. ...... J.- This reference being Death Reference No.40 of 1991 has been submitted under section 374 of the Code of Criminal Procedure by the learned Sessions Judge, Manikganj in Sessions Case No.42 of 1990 for confirmation of the death sentence passed upon the accused Abul Kalam Azad. The accused has been......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. ..Category: Criminal Law | Date: | Hits: 125
Liton Vs. State and others, 1995, 24 CLC (HCD)
....ustice apparent on the face of the proceedings or where the accusation or evidence on record does not justify a charge of any offence, or where trial is an abuse of the process of the Court. 4. In Bangladesh by the Law Reforms Ordinance of 1978 a new procedure has been prescribed for trial of Ses...... 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. ...... Karim, Advocate ‑ For the Party No.2. Criminal Miscellaneous Case No.1884 of 1994. Judgment Md. Gholam Rabbani J.- This is an application under section 561A CrPC by the accused petitioner for quashing criminal case pending against him under sections 302/34 of the Penal Code in the Court ...... 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. ..Category: Procedural Law | Date: | Hits: 140
Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)
....nnual general meeting making it impracticable to hold the adjourned meeting or lay the balance sheet. 4. The presentation of this application was also published in the national dailies and in the Bangladesh Gazette. No one has come forward to oppose the application. 5. In the circumstances t......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......teel Works Limited hereinafter referred to as the Company, the company was incorporated as a public company on 4th March, 1963. It is stated by supplementary affidavit that the annual general meeting for the year 1994 could not be called within 30.9.94 for adoption of the Audited Accounts and balanc......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101...Category: Company Law | Date: | Hits: 358
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
....Judgment Md. Mozammel Hoque J.- This First Miscellaneous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impu......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. ...... SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgmen......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. ..Category: Others | Date: | Hits: 139
Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)
....sh PS Case No.23(2)95 shall not be set aside. 2. Short facts of this case are, that this is an application under sections 439/435 of the Code of Criminal Procedure riled by the former President of Bangladesh. Mr. Hussain Mohammad Ershad, challenging the order dated 16.8.95 passed by the Sessions ......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. ......o Reported in: 48 DLR (HCD) (1996) 95. ......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. ..Category: Criminal Law | Date: | Hits: 121
....Jurisdiction)
Present:
AM Mahmudur Rahman J
Mahfuzur Rahman J
Rup Charan Das @ Sree Rupcharan Das & another................Petitioners
Vs.
Government of the People's Republic of Bangladesh and others.............Respondents
Judgment
May 21, 1995.
Result:
The applica......aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94.......inistry of the Government of the People's Republic of Bangladesh.
2. The Petitioner filed Miscellaneous Cases No.22‑26 of 1984 under section 95A of the State Acquisition and Tenancy Act, 1950 before the Local Thana Magistrate, the Respondent 4, for redemption of the disputed property on the gr......aintainability of this writ petition.
For the above discussion, this application is rejected summarily without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 94...
Category: Property Law | Date: | Hits: 95
KM Mahmudur Rahman and others Vs. State, 1995, 24 CLC (HCD)
....ng of the case was further adjourned. Thereafter on 2.1.89 petitioners moved this Court and obtained this Rule challenging the said order of revival. 4. Director General of Shipping, Government of Bangladesh by his Memo No.8(19)‑1, S/555(3) dated 28.11.88 appointed Mr. Redoanul Bari, Advocate a......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. ...... For the Petitioners. Abdus Salam Mamun, Advocate ‑ For the State. Criminal Revision No.2 of 1989. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioners is for quashing proceedings of MAC No.11 of 1986 pending in the Marine Court, Dhaka. 2. Heard the le......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. ..Category: Criminal Law | Date: | Hits: 88
Mizan Howlader Vs. Bangladesh, 1995, 24 CLC (HCD)
....CD) (1996) 91. ......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. ......egulation, 1829 a new Division, Barisal Division has been created. The petitioner wants that name of the Division should be "Bakergonj Division" and not "Barisal Division". The Petitioner states that for dropping the name "Bakergonj" and incorporating the name "Barisal" in the notification the petit......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. ..Category: Constitutional Law | Date: | Hits: 247
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....e Respondent No.2. Writ Petition No.255 of 1985. Judgment Mustafa Kamal J.- This Rule Nisi obtain under the revived 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......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......rd Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., a company incorp......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ..Category: Procedural Law | Date: | Hits: 180
....s Case is also Reported in: 39 DLR (HCD) (1987) 1.......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1.......07.1983, but it failed to do so. A member of the said petitioner Company filed Matter No.36 of 1983 under section 76(3) read with section 281 (2) of the Companies Act, 1913 in the High Court Division for condonation of delay in holding its First and second annual general meetings and for a direction......eptance of any filing.
In the result, the Rule is made absolute but without any order as to costs.
AM Mahmudur Rahman J. - I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 1...
Category: Company Law | Date: | Hits: 306
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
....CD) (1996) 132.......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132....... called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
....lso the letter under Memo No.51–6/100/86 dated 14.3.86 under the signature of the Principal of the Kapilmuni College addressed to Janab Khondker Mahbubuddin Ahmed, Senior Advocate, Supreme Court of Bangladesh as at Annexure‑F to the writ petition are hereby declared to be illegal, without lawful...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121.......rning Body of the said college, in its meeting held on 9.9.81 with effect from 6.8.81 and the respondent No.3 also asked the petitioner to show cause as to why he should not be dismissed from service for his continuous absence from duties and also for serving as a teacher of another college during h...... at Annexure‑D (2) to the writ petition.
In the circumstance of the case, the parties are directed to bear their respective costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 121...
Category: Employment/Service Law | Date: | Hits: 226
Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)
.... of Local Government, Rural Development and Co‑operatives (Local Government) and also sent copy of the letter written to Ministry of Local Government to the Ministry of Establishment, Government of Bangladesh seeking clarification and decision as to general principles of seniority enunciated in th......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121.......ocate ‑ For the Respondent Nos. 4‑10. Writ Petition No.1900 of 1990. Judgment Md. Ruhul Amin J.- The Rule was obtained by five petitioners. But at the moment there are four petitioners before this Court since petitioner No.1 Munir Hossain died in October, 1991. In this Rule responden......r the signature of the Secretary of the Authority within the period of 4 (four) months from the date. There is no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 121...Category: Employment/Service Law | Date: | Hits: 191
Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)
....and others Vs. Union of India, 1977 (SC) 1361; SP Gupta Vs. Tarkunde, 1982 (SC) 149; Deypack Systems Pvt. Ltd. Vs. Union of India, 1988 (SC) 782; Pooran Mal Vs. Director of Inspection, 1974 (SC) 348; Bangladesh Jatiya Matsha Jibi Samabaya Samity Ltd. Vs. The Chairman Labour Court, 33 DLR (AD) 187; U......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108.......istant Attorney-General ‑ For the State. Criminal Revision No.365 of 1992. Judgment A M Mahmudur Rahman J.- This Criminal Revision under section 561A of the Code of Criminal Procedure is for quashment of the proceeding of Special Case No.1 of 1992 of the Court of Special Judge, Dhaka ar......cisions which I have referred in my Judgment. In the result, I discharge this Rule. The prayer for certificate to appeal is refused. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 108...Category: Criminal Law | Date: | Hits: 111
Ajit Kumar Sarkar and others Vs. Radhakanta Sarkar and others, 1992, 21 CLC (HCD)
....e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533.......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533....... Criminal Revision No. 3668 of 1991. Judgment Mahfuzur Rahman J.- This rule was issued at the instance of the accused‑petitioners under section 561A of the Code of Criminal Procedure for quashing the proceeding of Cr Case No.270 of 1991 pending in the Court of the Upazila Magistrate......e Penal Code pending against the accused‑petitioners in the court of the Upazila Magistrate Paikgacha, Khulna, is hereby quashed. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 533...Category: Criminal Law | Date: | Hits: 142
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