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Mohammad Badiuzzaman Vs. Bangladesh and Others, 2010, 39 CLC (HCD)
....er or orders passed as to this Court may seem fit and proper. A further Rule Nisi issued in Writ Petition No.2669 of 2000 calling upon the Respondents to show cause as to why the impugned agreement dated 2 December 1997 (being the Chittagong Hill Tracts Peace Accord) signed by the Convenor of the ......f 1998, to be stayed. Accordingly, the prayer is refused. There is no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 208. ......n the same and/or similar facts giving rise to questions and issues necessitating their disposal by one Judgment. In that view of the matter, both of these Writ Petitions are hereby taken up together for disposal allowing, however, for separate orders and outcomes as shall follow upon such disposa..Category: Constitutional Law | Date: | Hits: 314
Soharaf Uddin alias Soharab Vs. State, 2008, 37 CLC (HCD)
....iscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tribunal Court No.6, Kishoregonj in Sp......e can be exercised in quashing the impugned Judgment and order of conviction and sentence upon the petitioner. 14. For the purpose of answering to the said question posed, it will be profitable to notice section 561A of the code of Criminal procedure which are quoted thus: "561A. Nothing in th...... opposite party. Criminal Miscellaneous Case No.3472 of 2006. Judgment Siddiqur Rahman Miah J.- This Rule arises out of an application under section 561A of the Criminal Procedure Code for quashing the Judgment and order dated 29.01.2004 passed by the learned special judge, special Tr..Category: Criminal Law | Date: | Hits: 99
Md. Habibur Rahman Chowdhury Vs. State and another, 2010, 39 CLC (HCD)
.... Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that he issued 7 (seven) 'account payee' crossed cheques amounting to Tk. 6,97,00,000.00 namely: 1) Cheque No.01569585 dated 30.4.2006 for Tk. 1,00,00,000.00 2) Cheque No.01569591 dated 15.5.2006 for Tk. 1,00,00,000.......06 presented all the said 7 (seven) cheques for encashment but this time too all the cheques were again bounced for insufficient fund. Thereafter the complainant through its Advocate served a legal notice under section 138 of the Negotiable Instruments Act on 18.11.2006 by registered post requesti......rder or orders as to this Court may seem fit and proper. 2. The opposite party No.2, Sonali Bank Ramna Corporate Branch, Dhaka as complaint filed the Petition Case No.108 of 2007 on 15.01.2007 before the Court of Chief Metropolitan Magistrate, Dhaka against the accused-petitioner alleging that ..Category: Criminal Law | Date: | Hits: 138
....ate ‑ For Respondent No.2.
Writ Petition No.579 of 1995.
Judgment
KM Hasan J.- The Rule was issued calling upon the respondent Nos.1 and 2 to show cause why the impugned Judgment and Order dated 31‑1‑95 passed by the respondent No.1, First Labour Court, Dhaka in complaint Case No.450 ......inting authority did not find her work satisfactory and decided to dispense with her service vide Memo dated 14‑8‑93. Therefore, the removal of the respondent No.2 did not call for any show cause notice or for providing her with an opportunity to defend her as the action was taken within the per......eclared to have been passed without any lawful authority and is of no legal effect.
2. The facts, in short, are that, the respondent No.2, Shahera Khatun, filed the complaint Case No.450 of 1993 before the respondent No.1 First Labour Court, stating, inter alia that he was appointed by Bangladesh..
Category: Labour and Industrial Law | Date: | Hits: 265
Akhter Hossain (Md.) Vs. Bangladesh and others, 2009, 38 CLC (HCD)
....ul Hakim J.- Rule Nisi has been issued calling upon the respondents to show cause as to why a direction should not be given upon the respondents to take appropriate steps on the basis of the report dated 23-8-2004 submitted by the Inspector, Customs Group 2 and Inquiry Officer, Customs House, Dhak......spension matter and allowed him to carry on his business with the aforesaid C&F license. But he had received no satisfactory response. Finally, the Petitioner on 2-5-2008 sent a Demand of Justice notice to the respondents for early disposal of the matter but also did not receive any response to ......branch of Customs Department traced out the case of gold smuggling. It is further stated that the representative of C&F Agent Parul Trade International i.e. the Petitioner submitted Bill of Entry for leasing the imported goods. On a secret information, however, the goods were examined in the pre..Category: Fiscal/Taxation Law | Date: | Hits: 166
Md. Nurussafa Vs. State and another, 2012, 41 CLC (HCD)
....was taken on behalf of the petitioner for extension of the period of bail from time to time, albeit the period of stay was ultimately extended till disposal of the Rule by this Court by its order dated 26-1-2010. Given this scenario, it is palpably clear that the petitioner has been a fugitive f......s scenario, it is palpably clear that the petitioner has been a fugitive from law for about two years. As a fugitive from law, he has no legal right to prosecute the Rule. But initially, we failed to notice this aspect of the case and heard Md. Ramzan Ali Sikder, learned Advocate for the petitioner ......o show cause as to why the proceedings of the Special Case No.20 of 2007 under Section 5(2) of the Prevention of Corruption Act, 1947 read with Sections 409/109 of the Penal Code, 1860, now pending before the 3rd Court of the Special Judge, Dhaka should not be quashed so far as it relates to the pet..Category: Criminal Law | Date: | Hits: 99
Abdur Jabbar Sheikh Vs. Md Rafiqul Islam and others, 2010, 39 CLC (HCD)
....bsp; Khandker Gulsar Hossain, Advocate- For the Opposite Parties. Civil Revision No.2216 of 2003. Judgment AFM Abdur Rahman J. - This Rule dated 28.5.2003 issued at the instance of the plaintiff-respondent-petitioner is directed against ......e same and filed the instant suit. 6. It has been further asserted that the defendant No.3, not being in knowledge of the plaintiffs so called Bainapatra, is a bonafide purchaser for value without notice and as such the suit is liable to be dismissed. 7. Upon the aforesaid pleading the trial c......28.4.19W passed in Title Suit No.46 of 1995 by the Subordinate Judge, 1s Com I, Pirojpur decreeing the suit. 2. The petitioner Abdul Jabbar Sheikh as plaintiff instituted Title SuitNo.46 of 1985 before the 1st Court of Subordinate Judge, Pirojpur against the defendant opposite party Raja Kha pray..Category: Property Law | Date: | Hits: 119
....iz J.- The petitioners, namely The Editor and the Chief Accountant Bangladesh Observer, Dhaka, obtained this Rule calling upon the respondents to show cause as to why the impugned judgment and order dated 6‑10‑93 passed by the Labour Appellate Tribunal, Dhaka in Appeal No.3 of 1993 dismissing t...... Section 1(4):
“It applies in the first instance to the payment of wages to persons employed in any factory ……………”
Section 1(5):
"The Government may, after giving three months' notice of intention of so doing, by notification in the official gazette, extend the provisions of t......etitioners as stated in the writ petition are, inter alia, that the respondent No.2 filed an application under the Payment of Wages Act, 1936 being Act IV of 1936, as modified by Act XXVII of 1980, before the Third Labour Court, Dhaka against the petitioners and another being P.W. Case No.14 of 1992..
Category: Labour and Industrial Law | Date: | Hits: 215
Komor Ali and another Vs. Al-Arafa Islami Bank Ltd. and others, 2011, 40 CLC (HCD)
....rty. Civil Revision No.1848 of 2010. Judgment Shahidul Islam J.- The Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment and order dated 3.3.2010 passed by the learned District Judge, Dhaka, in Miscellaneous Appeal No.312 of 2009 d......3 in favour of the opposite party No.1 for possessing or mortgaging or for selling out the property just to realisation of debt. The bank, (opposite party No.1) being so empowered published auction notice through the daily Inquilab dated 23.5.2005 for selling out the mortgaged property. At that st...... and or such other or further order or orders passed as to this Court may deem fit and proper. 2. This Court directed the parties to maintain status quo in respect of possession of the suit land for a period of 3 months from date. That period of statuesque has been extended subsequently. ..Category: Civil Law | Date: | Hits: 112
Md. Shahab Uddin Chowdhury Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....nvolved. 2. In Writ Petition No.3392 of 2009 the petitioner filing an application under Article 102(2)(a)(ii) of the Constitution of the People's Republic of Bangladesh impugned the Memo No.3726/7 dated 17.5.2009 (Annexure-B) issued by the District Registrar, Dhaka withdrawing his earlier order d......appointed as Nikah Registrar for Ward No. 53 rather he was given additional charge to perform the function of Nikah Registrar for the said Ward No.53 purely on temporary basis for which no show cause notice was required to be served upon him before withdrawal of the additional charge of Ward No.53. ......o Ward No.53. 5. An affidavit-in-opposition has been filed by the respondent No.1 denying the assertions made in the writ petition and stating that the petitioner was given additional charge to perform as Nikah Registrar on temporary basis for Ward No.53, due to vacancy occurred on the retirement..Category: Civil Law | Date: | Hits: 130
Golam Mahbub (Md.) Vs. State and another, 2011, 40 CLC (HCD)
....an application under section 561A the Code of Criminal Procedure 1898, this rule was issued calling upon the opposite-parties to show cause as to why the proceedings of Complain. Case No.7404 of 2008 dated 15-12-2008 under Section 406 and 420 of the Penal Code, now pending in the Court of Chief Metr......rder passed in this case stands vacated. Let a copy of this Judgment and Order be transmitted to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 44. ......all further proceedings of Complaint Case No.7404 of 2008 dated 15-12-2008 under Sections 406 and 420 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka, was stayed for a period of three months and through further extensions, lastly on 7-3-2011, it was extended for..Category: Criminal Law | Date: | Hits: 100
AKM Fayekuzzaman Vs. State and another, 2010, 39 CLC (HCD)
....dgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitioner which was passed by the learned Ses...... the relevant bank for encashment but the cheque was dishonored; that the complainant approached the accused for immediate repayment of loan but he failed for which the complainant sent a legal notice on 3-6-2008 to the accused through his lawyer which was received by the office of the accused......minal Revision No.1025 of 2010. Judgment Siddiqur Rahman Miah J.- This Rule was issued on an application under section 439 read with section 435 of the Code of Criminal Procedure filed by the informant petitioner against the order dated 9-2-2009 for framing charge against the accused petitione..Category: Criminal Law | Date: | Hits: 99
Eddystone Broadcast Vs. Government of Bangladesh & Others, 2010, 39 CLC (HCD)
....titution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to why invitation for re-tender No. Babe/Karika/bmre/ SKW FM Transmitter/2007-161 dated. 15-4-2008 published in "The Daily Star" on 17-4-2008 (Annexure-B) and Memo No.Babe/Karika/bmr......eviewing all the commercial terms and conditions of all responsive tenders to decide who were the actual responsive tenders. On receipt of the complaint the Chairman of the CPTU Review Panel issued a notice dated 28-11-2007 requesting the Secretary, Ministry of Information and Mr. Dale Harvey, Senio......ud Hossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondents to show cause as to why invitation for re-tender No. Babe/Karika/bmre/ SKW FM Transmitter/2007-161 dated. 15-4-2008 published in "The D..Category: Others | Date: | Hits: 127
Sohel Monir Vs. State, 1996, 25 CLC (HCD)
....hman Talukder, Inspector of Customs stated that on 10‑9‑91 he was at Zia International Airport, Customs Surveillance Team. He is the informant and reiterated the FIR story. He stated that on that date at about 1‑30 A.M. at night Bangladesh Biman Flight No.BG 081 arrived at Zia International Ai......ours and at that time Bangladesh Biman flight No.BG 081 arrived from Singapore and landed at the Airport. Passengers came down from the aircraft and when entering into terminal building the informant noticed a passenger entered the transit lounge in a suspicious manner. The informant knew that trans......n 19‑4‑1993 in Special Tribunal Case No.541 of 992 convicting the accused appellant under section 25D/25B/(1)(b) of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 6 years and to pay a fine of Taka 20,000.00 in default to suffer simple imprisonment for one yea..Category: Criminal Law | Date: | Hits: 100
Mahmudul Huq and others Vs. Nowab Ali Chowdhury and others, 1995, 24 CLC (HCD)
.... For Opposite Party Nos.10, 11 and 12. Civil Revision No.5695 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against Judgment and decree dated 12‑5‑1990 passed by the Subordinate Judge, Chittagong on Other Appeal No.207/1978‑78/78 ...... from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in:49 DLR (HCD) (1997) 405. ...... in the benami of another person. 3. Suit was contested by the defendant Nos.1‑6, 7 10.11, 17 to 19 by filing separate written statements except defendant Nos.17‑19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de..Category: Property Law | Date: | Hits: 97
State Vs. Kamal Ahmed, 1997, 26 CLC (HCD)
...., Md. Ali Hospital Bogra at the hospital on finding the OC of Bogra P.S. there who came to the place of occurrence hospital on getting telephonic information. Bogra Sadar police started PS Case No.16 dated 25‑4‑90. Inquest was held on two dead bodies by SI of Police Md. Sirajul Islam who then se......bag which he picked up and went to his residence. If the distance between the pursuer and pursued was only 5/6 cubits and the occurrence took place at noon in broad daylight then was it possible that notice of all the chasers escaped the dropping of the bundle from the bag carried by one of the daco......………………………….Respondent Judgment June 10 & 11, 1997. Result: The Death Reference is rejected. The appeals filed by the two appellants are allowed in a modified form. Cases Referred to- Mezanur Rahman and others Vs. State, 16 BLD (AD) (1996) 293; Abul Kas..Category: Criminal Law | Date: | Hits: 131
Jobaida Rashid Vs. State, 1997, 26 CLC (HCD)
.... Badrul Islam Choudhury J.- Rule was issued on petition under section 439 read with section 435 Cr.P.C. upon the Deputy Commissioner, Dhaka representing the State, to show cause as to why the order dated 7‑4‑97 passed by the Sessions Judge, Dhaka in Sessions Case No.319 of 1997 framing charge ......sued by this Court so far other accused persons of the case are concerned is hereby vacated. The Rule is accordingly made absolute. Ed. This case is also Reported in:49 DLR (HCD) (1997) 373. ......framing charge against the petitioner Mrs. Jobaida Rashid should not be set aside. By order of the same date further proceedings of the above mentioned Sessions Case was stayed. 2. Facts necessary for the purpose of disposal of this Rule are as follows: AFM Mahitul Islam receptionist‑cum‑r..Category: Criminal Law | Date: | Hits: 107
State and others Vs. Sheema Begum and others, 2004, 33 CLC (HCD)
....e the school where they saw her son in an unconscious state and from where her son deceased Delowar was taken to Sader Hospital where the Doctor present declared him dead and for this U.D. Case No.18 dated 14.10.1996 was started. During investigation of this U.D. case she filed a petition of complai......rty if not wanted with any other connection. Send down the L.C.R. to the Court of the Additional Sessions Judge, Pirojpur at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 265. ...... Appeal No.540 of 2001. Judgment Md. Ali Asgar Khan J.- This Death Reference under Section 374 of the Code of Criminal Procedure has been made by the learned Additional Sessions Judge, Pirojpur for confirmation of the sentence of death imposed upon Seema Begum on her conviction for the offence..Category: Criminal Law | Date: | Hits: 94
Md. Aktar Hossain and others Vs. Capital Tower (Pvt.) Ltd. and others, 2008, 37 CLC (HCD)
.... Board of Directors (BOD) in dealing with the property of the Company. These have led the Petitioners to pray for a fairly extensive set of relief as enumerated thus in the Supplementary Affidavit dated 6.1.2008: (a) Remove the respondent No.2 as Managing Director of the Respondent No.1 Company a......city of the revision exercise and the resulting revised versions. 7. It is evident to this Court that at the time of this Application being admitted for hearing on 31.8.2006, this Court was put on notice of the Petitioner's apprehension in the facts and circumstances of this case that they would ......rests of certain of the other shareholders-directors of the Company constituting at the time of the disposal of this Matter four of the five original Petitioners in this case. The Petitioners have so formulated the case as to identify the Respondent Nos.2 to 9 as the shareholders-directors whose con..Category: Company Law | Date: | Hits: 177
Pankaj Kumar Roy Vs. River Research Institute, 2006, 35 CLC (HCD)
....r the respondent No.1. Writ Petition No.7462 of 2002. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order dated 27.4.2000 purporting to demote the petitioner as in Annexure-F and the order dated 17.1.2001 p...... Research Institute Service Regulations, 1998. The said inquiry team submitted a biased report on 4.11.2000 upon which the Director General of the River Research Institute issued the 2nd show cause notice with a copy of the inquiry report on 01.1.2001 to which the petitioner replied but to no effe......is also Reported in: 7 LG (HCD) (2010) 258. ..Category: Employment/Service Law | Date: | Hits: 166
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