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Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)

....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......02 of 2009 seeking declaration that any meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Chairman of the Governing Body of PROSHIKA and forming a five member Managing Committee and calling a General Meeting on 9th June, 2009 are illegal, void and coll......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467...

Category: Civil Law | Date: | Hits: 75

Government of Bangladesh Vs. A.B.M. Siddique Mia, 2010, 39 CLC (AD)

.... order dated 5th November, 1998 allowed the application and directed that "the applicant (respondent) be deemed to be in service with effect from the date of his joining on 27th December, 1971 to the post held by him prior to his joining in the liberation movement. The attended service benefits shou......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ......ore, merit in this appeal. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 460, 8 LG (AD) (2011) 6, IX ADC (2012) 201. ..

Category: Administrative Law | Date: | Hits: 229

Karam Ali Vs. State, 2001, 30 CLC (HCD)

....and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......defence suggestion that accused Karam Ali was not one of the miscreants who had assembled for committing dacoity. 12. PW 2 Faroque Hossain, a police constable, stated in his evidence that he was a member of the said party under SI Md. Abdul Hakim Miah, on the night following 23-5-93. He stated th......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378.......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...

Category: Criminal Law | Date: | Hits: 97

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......the title suit No. 147 of 1990 for permanent injunction against the defendant by virtue of Waqf deed claiming that the plaintiffs had been in possession of the suit premises for a long time as family members of the Waqf and there is a provision in the Waqf deed that the successors of the Waqf are en......1. Cases Referred To- Haji Afizuddin Ahmed vs. AKM Ashraf Ali, 19 DLR 775; Dilder Ahmed Chowdhury vs. Farooq Ahmed Chowdhury, 27 DLR (AD) 138; Burma Eastern Limited vs. Burma Eastern Employees Union, PLD 1967 Dacca 190 = 18 DLR 709; Jalaluddin Ahmed vs. Matiur Rahman Khan and others, 41 DLR 7......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375...

Category: Trust/Waqf Law | Date: | Hits: 187

Salim (Md.) Vs. State, 2001, 30 CLC (HCD)

..... He denied the defence suggestion that he was deposing falsely against the accused due to a boundary dispute with the accused. 24. PW 10 ASM Saifuddin, Medical Office of Feni Sadar Hospital, held post mortem examination on 22-8-94 on the dead body of Mohsena and found extensive burn injuries on ......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359.......ne of Taka 5,000.00 in default, to suffer RI for a further period of 6 months is affirmed. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 54 DLR (2002) 359...

Category: Criminal Law | Date: | Hits: 53

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......defendants on the averments made in the plaint that he is an employee of the Urea Fertilizer Factory at Ghorasal (hereinafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 are members with opposite party No. 2 as Chairman of the Election Upa-parishad Factory Employees Union, ......East Pakistan, 18 DLR 299; Manager, Shahjibazar Power Station, Bangladesh Power Development Board Vs. Md. Gulam Hossain Khan and another, 33 DLR 29, Kumudini Hospital Vs. Kumudini Hospital Karmachari Union & others, 43 DLR 655. Lawyers Involved: Md. Khalilur Rahman with Syeda Afsar Jahan, ......tion Upa-parishad Factory Employees Union, for the purpose of holding election of the Office-bearers of the Factory Employees Union for 1997-1998, issued a notification dated 13-7-97 and the said Upa-Parishad prepared a voter’s list and fixed 31-7-1997 for holding the election. The Election of Upa..

Category: Labour and Industrial Law | Date: | Hits: 99

Mirpur Mazar Co-operative Market Society Ltd. Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others, 1999, 28 CLC (HCD)

....) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ......unusual place, (iii) D.W. 2 denied in his cross-examination that husband of one of the Directors of the company, Shamim Akhtar or Sabina Iqbal, both residing at 7/2, Ring Road, Shyamoli was a sitting member of the Parliament but admitted in his cross-examination that it is written in the telephone d......) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ......) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ..

Category: Property Law | Date: | Hits: 72

Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......een constituted under the Muslim Family Laws Ordinance 1961 only for the Muslim Community, hence the trial Court below committed error of law by decreeing the suit in favour of the plaintiff who is a member of the Hindu Community and, as such, the Family Court and the trial Court has no jurisdiction......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ..

Category: Family Law | Date: | Hits: 186

State Vs. Rashid Ahmed & others, 2002, 31 CLC (HCD)

....es. He referred the patient to the Medical College Hospital for treatment. 17. PW 5 Dr. Diren Chandra Dev, lecturer in Forensic Medicine in Chittagong Medical College Hospital on 17-6-86. He held post mortem examination of the dead body of Abdul Mabud Master and found a number of injuries on it,......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ......hittagong and the Deputy Commissioner, Chittagong for their information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002) 333. ..

Category: Criminal Law | Date: | Hits: 76

Rice Mill Owners Association Vs. Government of Bangladesh and others , 2002, 31 CLC (HCD)

....l justice and thus Articles 19 and 27 of the Constitution have been violated. 3. Thereafter the petitioner association caused issuance of demand of justice notice dated 2-5-2000 through registered post to the respondent No. 2 requesting for withdrawal/cancellation of the licence issued in favour ......ns in granting licence by respondent No. 2 in favour of respondent No.5. The Articles of Association of the respondent No.5 show that owners of rice mills situated within Dinajpur District may become members of respondent No. 5 Association and thus it represents the rice mill owners of the district.......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325.......rder or certified copy thereof from the parties hereof. Let a copy of this judgment and order be sent to the respondent No. 2 for compliance. Ed. This Case is also Reported in: 54 DLR (2002) 325...

Category: Civil Law | Date: | Hits: 162

Abdul Muhit and others Vs. Social Investment Bank Limited (SIBL) and others, 2001, 30 CLC (HCD)

....the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306....... effect. Section 81 which deals with Annual General Meeting gives jurisdiction to ‘the Court’ only when a company fails to call or direct the calling of a general meeting on an application of any member of the company. Whereas section 43 lays down, that in case of default in filing with the Regi......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306.......the petitioner is the Civil Court and not this Court. In view of the above, these applications are rejected without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 306...

Category: Company Law | Date: | Hits: 208

Mohammad Ali Vs. State, 2000, 29 CLC (HCD)

.... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ...... down the LC record along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 245. ......corroborated the seizure of some of the alamats of this case while seized by the Investigating officer. He denied the defence suggestion that no occurrence took place as alleged. 14. P.W.4 a local Union Parishad Member, P.W.5 another local Union Parishad Member and P.W. 6 a servant of the informa......orated the seizure of some of the alamats of this case while seized by the Investigating officer. He denied the defence suggestion that no occurrence took place as alleged. 14. P.W.4 a local Union Parishad Member, P.W.5 another local Union Parishad Member and P.W. 6 a servant of the informant hav..

Category: Criminal Law | Date: | Hits: 89

Siddique Ahmed Vs. Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, 2010, 39 CLC (HCD)

....€™s shop and intimated that he saw his son in an alarming state of health. Kala rushed to his residence while Nur left for a doctor. On arrival Kala found his son, Abu Taher, not alive, in a sitting posture with his lungi around his neck, tied with a bamboo. Kala’s landlord intimated the Kotwali ......h help from abroad, re-siled to destroy the spirit of our liberation and, thence committed one of the most heinous offence in the human history by killing the Father of the Nation along with all the members of his family, two daughters excepted, they having being abroad, including Bangabandhu’s y...... AIR 1970 SC 422, R.L. Kapur-v- State of Tamil Nadu, AIR 1972 SC 850, Keshvananda Bharati-v-State of Kerala, AIR 1973 SC 1461, Indira Nehru Gandhi-v-Raj Narain, AIR 1975 SC 2299, Minerva Mills Ltd.-v-Union of India, AIR 1980 SC 1789, Smt. Indira Gandhi’s case, AIR 1975 SC 2299, P. Sambamurthy and ......he certificate asked for, which is hereby issued. There is however, no Order as to cost. Sheikh Md. Zakir Hossain J.- I agree. Ed. This Case is also Reported in: 63 DLR (2011) 565. ..

Category: Constitutional Law | Date: | Hits: 482

Shaikh (Md) Obaidullah Raihan Vs. Sayed Shahidul Haque Jamal and others, 2002, 31 CLC (HCD)

....om constituency No.132 Barisal with Pirojpur. So, according to him, as the respondent No.1 was a defaulter, his participation in the election was illegal and though he was elected he cannot hold that post. 4. Mr. Ajmalul Hossain appeared on behalf of the respondent No.1. At first he has submitted......t Petition No. 6200 of 2001. Judgment Md. Hamidul Haque J. - This Rule was issued calling upon the respondents to show cause under what authority respondent No.1 has been holding the office of member of Jatiya Sangsad representing constituency No. 132 Barisal with Pirojpur and why his holding......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280.......tion of disqualification and for the reason mentioned earlier, the Rule is liable to be struck out. In the result, the Rule is struck out. Ed. This Case is also Reported in: 54 DLR (2002) 280...

Category: Election Law | Date: | Hits: 88

Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)

....int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......n. 8. From the averments made in plaint it is clear that the plaintiffs are limited companies. In the case of Edward Vs. Hall Well reported in (1950) AER 1 1067 Jenkins LJ held that the right of a member not to be compelled to contribute beyond the limits of the liability which he undertook when ......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215.......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215...

Category: Company Law | Date: | Hits: 197

Dr. Mohiuddin Khan Alamgir Vs. Government of the People’s Republic of Bangladesh, 2010, 39 CLC (AD)

.... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425....... rejection of nomination paper set aside in accordance with law, are of no consequence. The leave petition is accordingly dismissed. Ed. This Case is also Reported In: 62 DLR (AD) (2010) 425...

Category: Election Law | Date: | Hits: 127

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......tion of Foreign Exchange, and Prevention of Smuggling Activities Act came up for decision. Some restrictions were imposed in the above Act about the interview of the detenu with the legal adviser and members of the family. In this case, the Court also decided the question whether a person preventive...... Home Ministry 1983 BLD 140; H Saha vs. State of West Bengal 1974 AIR 2154; Golam Kabir vs. Government Bangladesh 27 DLR 199; Borjahan vs. State of West Bengal 1972 AIR (SC) 2256; Francis Coralie vs. Union Territory of Delhi 1981 AIR 746; Sunil Batra (II) vs. Delhi Administration 1980 (SCC) 1579; Su......ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....examined by the defence but without any fruitful result. No discrepancies could be brought out from him as regards the injuries found on the dead body of Sukur Mahmud Rather he fully corroborated the post-mortem report on material points. 32. PW 13 Constable Md. Shamsher All is a formal witness w......is son, Khurshed is not his nephew, Khashru is his nephew. He could not tell whether accused Khurshed was an accused in the aforesaid murder case. Reazuddin was the father of Afsar and he could not remember whether he was accused in the murder case of Nur Mohammad. Nur Box, Noya Miah and Jamal were ...... and others were coming to the place of occurrence the accused persons fled away and Khorshed Alam was coming from Paikarahat. It is also written in the first information report that with the help of Union Parishad member Sanaullah, the informant and his brother Sher Ali came to Thana and lodged the......thers were coming to the place of occurrence the accused persons fled away and Khorshed Alam was coming from Paikarahat. It is also written in the first information report that with the help of Union Parishad member Sanaullah, the informant and his brother Sher Ali came to Thana and lodged the first..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....learly found in his judgment dated 14-4-91 that the ex parte decree passed in Title Suit No.116 of 1977 was obtained by suppression of the summons, both in the normal process as well as by registered post, by falsely showing the address of the appellants at different places where they usually reside......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206...

Category: Procedural Law | Date: | Hits: 81

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...

Category: Property Law | Date: | Hits: 33