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Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

.... issued by the Secretary, Ministry of Local Govt. is quite in accordance with the statutory provision of law. It is also strongly denied that there has been misuse of power or violation of law on the part of Govt. in passing the order of suspension. It is fur­ther stated that there are allegations ......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...

Category: Others | Date: | Hits: 175

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

....1989 affirming the judgment and order dated 9.2.89 passed by the Election Tribunal Raipura Upazila, District Narsingdi in Election Tribunal Case No.1 of 1988. 2. The petitioner along with opposite party Nos.1-3 were contestants in the Election of Chair­man of North Bakharnagar Union Parishad whi...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ..

Category: Election Law | Date: | Hits: 187

Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)

....etitioner Mrs. Alam Ara Huq is the wife of the detenu Ansarul Huq who was Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong. Upon an F.I.R. lodged by the Inspector of Po­lice, Anti-Corruption Department, Kotwali P.S. Case No.12 dated 16.7.86 under sections 420/409/ 467/468/471/447/109 of the P......n Criminal Miscellaneous Case No. 921 of 1986 the learned Sessions Judge, Chittagong granted bail to the detenu on 24.12.86 on the ground that no charge could be established against the detenu during investigation. Another criminal case, namely Kotwali P.S. Case No. 46(12) of 1986 for similar offenc..

Category: Criminal Law | Date: | Hits: 107

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....s that permission from the learned Sessions Judge will be necessary for further investigation of the cages. 6. Mr. Khondker Mahbub Hossain, the learned Advocate appearing on behalf of the opposite party No.2, on the other hand, submits that these petitions filed by the petitioner are incompetent ......ers dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively should not be set aside. The learned Sessions Judge by those two orders rejected the prayers of further investigation. 3. The short fact leading to Criminal Revision No.1127 of 1994 is that on 16.4.93 ..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....tted that the confessional statement so made by accused Lokman Miah is a voluntary statement and is true as such the same can be acted upon to base conviction. Mr. Chowdhury has relied upon the other part of the confessional statement, namely. that 4 days before occurrence he planned for the occurre......t about 5‑35 AM they seized some alamats and thereafter they also seize some alamats on 20.9.98 and 21.9.88 and made seizure‑lists thereof. Upon filing the First Information Report police started investigation into the cast and examined the witnesses under section 161 CrPC. Police had already ma..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....of this Rule. 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) 148.......1990. 2. It appears that First Information Report was lodged against the accused persons on 3.1.90 under section 19(a) and (b) of the Arms Act. Investigating Officer having failed to complete the investigation within 60 days learned Upazila Magistrate allowed time for completion of the investiga..

Category: Criminal Law | Date: | Hits: 82

Saleem Ullah Vs. Md. Abdur Rouf, Chief Election Commissioner of Bangladesh Election Commission and others, 1995, 24 CLC (HCD)

....bove the prayer for referring the matter to the learned Chief Justice for constitution of a lager Bench is refused. Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 144. ...... of a lager Bench is refused. Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 144. ..

Category: Procedural Law | Date: | Hits: 136

Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)

....ourt High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Sultan Ahmed alias Sentu................petitioner Vs. State.............Opposite parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involve......were returning home by rickshaw after Ifter. The accused persons in course of assault blasted bombs and the victim eventually succumbed to his injuries sustained by the attack. 3. The police after investigation submitted charge-sheet against the First Information report named accused as well as o..

Category: Criminal Law | Date: | Hits: 92

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....t Judge, Serajganj in Miscellaneous Case 62 of 1985 disallowing the pre‑emption under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act). 2. Opposite party 2 Alauddin, opposite party 3 Moslemuddin and Abdul Latif (now dead) the husband of the pre‑e......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....democratic process and the democratic policy as envisaged in the preamble of the Constitution of Bangladesh and it also come into conflict with Article 11 of the Constitution preventing the effective participation in the administration of Government by the people through their elected representative......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

.... High Court Division (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J MG Jilani…………Petitioner Vs. Md. Wahed Uddin Sardar........... Opposite party Judgment March 16, 1989. Result: The Rule is discharged without any ......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ..

Category: Civil Law | Date: | Hits: 140

Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)

....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......e observed that the present petitioner Mahbubur Rahman, Executive Engineer should be included as an accused in this case and asked the District Anti‑corruption Officer, Rajshahi to "arrange further investigation of the case and submit the report by 30th April, 1990 implicating the said Mahbubur Ra..

Category: Criminal Law | Date: | Hits: 78

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

....or filing a criminal case against the petitioners and the filing of the criminal case on its basis are not illegal and without lawful authority. 13. The Rule issued in this case consists of two parts, one relating to the accord of permission under section 64 of the Ordinance to file a criminal......r labour practices. It was further stated in that letter that the cases filed by the terminated employees were pending in the Labour Court and that the matter of the membership of the union was under investigation in the Directorate of Labour and as such, there was no scope for respondent No.1 to ac..

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

M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)

....opment scheme of the DIT and such other allied matters has been assigned to the Director i.e. Member, Land and Estate and the application regarding the allotment of land was processed by the Estate Department and Major (Retd.) Kamrul Hasan put up the file to the petitioner recommending for registrat......on with each other to obtain pecuniary advantage of Tk. 4 crores which constituted an offence under section 5(2) of Act H of 1947 committed by the aforesaid accused persons. 5. The police after investigation submitted charge sheet against 18 accused persons and then again supplementary charge ..

Category: Criminal Law | Date: | Hits: 81

Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)

....Rahim Khan Vs. Bangladesh, 7 BLT (AD) 313, it has been held: "It is true that the High Court Division suffered from a misconception of fact that there was already an agreement/contract between the parties and a dispute has arisen over the terms and conditions thereof which was the subject matter ......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..

Category: Civil Law | Date: | Hits: 141

Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)

....s Banu, Senior Assistant Judge, Magura, in Title Suit No.140 of 1990 accepting the Advocate Commissioner’s report. 2. The facts of the case, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.140 of 1990 in the C......nd arguable case for the plaintiff for a decree of mandatory and prohibited injunction, etc. 3. During pendency of the suit the plaintiff opposite party filed an application on 28-8-1990 for local investigation in the Suit property. In the application the plaintiff prayed for local investigation ..

Category: Civil Law | Date: | Hits: 122

Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)

....te Judge (Artha Rin) Jessore in Title Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ..

Category: Procedural Law | Date: | Hits: 129

Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)

....ction took place on 6.2.64 and it was confirmed on 9.3.64 and the application for setting aside the sale mainly on the ground of fraud was made on 29.5.76. The ap­plication was contested by opposite party Nos.1-8 who appear to be the heirs of one Luthfur Rahman. The record shows that this Luthfur R......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463...

Category: Property Law | Date: | Hits: 106

Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)

....ruzzaman J Bangladesh Beverage Industries Ltd.…………Appellant Vs. Rowshan Akhter and others…………..Respondents Judgment May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constit......ucation as education makes a man a bit responsible. Communicate this order at once. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 483. ..

Category: Civil Law | Date: | Hits: 339

Trading Corporation of Bangladesh Vs. Commissioner, Customs, Excise and VAT Commissionarate and others, 2010, 39 CLC (HCD)

.... be found from Annexure-F-1 that during March, 2002 to April,2002 the petitioner paid Taka 19,30,521.72 as trade VAT @ 15%o for locally selling 5,212.600 metric tons of sugar in the market which is a part of the whole imported 2,08,638.840 metric tons of sugar. The petitioner sold the said sugar in ......und of the claimed amount of the petitioner forthwith preferably within 1(one) month from the date of receipt of this order positively. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 471...

Category: Fiscal/Taxation Law | Date: | Hits: 323