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Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)

....n 6 which is as follows:- "6. Besides the Supreme Court and the Courts constituted under any law other than this Code for the time being in force, there shall be five classes of Criminal Courts in Bangladesh, namely:- I.- Courts of Session; II.- Metropolitan Magistrates; III.- Magistra......h 22, 1989. Result: The Rule is made absolute. Cases Referred to- Md. Mustafa Mondal Vs. The State, 35 DLR 362; Nazir Ahmed & others Vs. Yonus Miah & others, 36 DLR 93; Abu Taher and others Vs. Mst. Razia Be­gum, 37 DLR 18; 36 DLR 93; Abdul Latif & others Vs. Nurjahan Begum...... Present: Mustafa Kamal J Mo­hammad Abdur Rouf J Mohammad Shohrab Ali J Syed Fazle Ahmed J Mahmudul Amin Choudhury J Nurul Huda……………………………….Petitioner Vs. Bahar Uddin & others.....................................Respondents Judgment March......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..

Category: Criminal Law | Date: | Hits: 158

Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)

.... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......tate…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 86; Kazi Md. Wahidun Nabi Vs. Abdus Satter @ Monaya and ors., 36 DLR 200. Lawy...... High Court Division (Barisal Bench) (Criminal Revisional Jurisdiction) Present: Md. Abdul Mil J Quazi Shafiuddin J Khalilur Rahman....................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988....... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..

Category: Criminal Law | Date: | Hits: 120

Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)

.... (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Zulfiquar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment January 16, 1989...... & others.............................Opposite Parties Judgment January 16, 1989. Result: The Rule is made absolute. Cases Referred to- Hosne Zaman Sarker Vs. Election Tribunal and others, BCR 1986 (HC) 141; 38 DLR 435(1986); 38 DLR 435; Sk. Tabibar Rahman Vs. Election Tribuna......ivision (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J Zulfiquar Ali Bhutto.............................Petitioner Vs. Bangladesh & others.............................Opposite Parties Judgment January 1......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..

Category: Election Law | Date: | Hits: 252

Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)

....ial Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and other......mal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms and others..................................Respondents (In Wr...... (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Sec­retary, Ministry of Land Admin­istration and Land Reforms an......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..

Category: Property Law | Date: | Hits: 129

Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)

....a Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another.............................................................Respondents (Wr......ute. Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam for Abdus Sobhan, Advocate - For the Petitioners (In all the Writ Petitions). M. Nurullah, Attorney-General with A.F. Hasan Arif and M. Safiullah - For the Respondent No.2 (In all the Writ Petitions). Writ Petition No. 442 of ...... (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another.............................................................Responde......they should pay the costs in the Rules. In the result all the Rules Nisi are made abso­lute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...

Category: Property Law | Date: | Hits: 145

Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)

....et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......DLR (HCD) (1989) 349.......n (Sylhet Bench) (Criminal Appellate Jurisdiction) Present: Syed Misbahuddin Hossain J Habibur Rahman Khan J Abdul Khaleque and others……………………………Appellants Vs. State…………………………Respondent Judgment March 7, 1988. Result: The......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...

Category: Criminal Law | Date: | Hits: 101

Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)

....ility of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republic of Bangladesh. 5. Before I embark upon the discussion of the Article I want to state, briefly, the o...... Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J Mahfuzur Rahman J Judges of the High Court Division............Petitioners Vs. Ashok Kumar Karmaker and others..............Respondents Judgment June 29, 1995. Result: The proceeding for c...... 179. ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..

Category: Criminal Law | Date: | Hits: 149

Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)

....iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ...... 173. ...... in: 48 DLR (HCD) (1996) 173. ......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..

Category: Procedural Law | Date: | Hits: 125

Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)

....ul Amin Vs. Province of East Pakistan, 22 DLR 377; Md. Newjish Khan Vs. Md. Amin, 21 PLD 622; Md. Amin Khan Vs. Controller of State Duty, 13 DLR (SC) 105; Dr. Neelima Ibrahim Vs. People's Republic of Bangladesh, 32 DLR 201; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201; Kanchan Mala Vs. Renu Miah,......n: 48 DLR (HCD) (1996) 170. ......ase is also Reported in: 48 DLR (HCD) (1996) 170. ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..

Category: Property Law | Date: | Hits: 127

Momshad Reza and 15 others Vs. Chairman, Bangladesh Public Administration Training Centre and others, 1998, 27 CLC (HCD)

....HCD) 376....... Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376.......: 51 DLR (1999) (HCD) 376.......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 376...

Category: Employment/Service Law | Date: | Hits: 160

Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)

.... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... M A Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awardi...... 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...

Category: Criminal Law | Date: | Hits: 130

Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)

.... Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... is dismissed. Cases Referred to- Cox’s Vs. Employers’ Liability Assurance Corporation, Limited (1915 C. 2884), Law Reports, 1916, King’s Bench Division, Vol. II page 629; Borada Spinning and Weaving Co Ltd. Vs. Satyanarayan-Marine and Fire insurance Co Ltd., AIR 1914 Bombay 225; Girdhar......me Court High Court Division (Civil Appellate Jurisdicton) Present: Mahmudul Amin Choudhury J Md. Abdul Aziz J Bangladesh General Insurance Co. Ltd………………..Appellant Vs. Chalna Marine Products Co. Ltd………………..Respondent Judgment March 15, 1999. ......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...

Category: Business or Commercial Law | Date: | Hits: 522

Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)

.... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......rocedure, the propriety of the concurrent decision of the Courts below have been called in question whereupon Rule was issued calling upon the Opposite Party No.1 to show cause as to why the Judgment and decree dated 9-10-97 passed by the learned Subordinate Judge-cum Third Artha Rin Adalat, Sadar, ......(1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...

Category: Family Law | Date: | Hits: 211

Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)

....PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usman Sons Ltd., PLD 1969 Karachi 123 (125, 126, 135, 136 para 13 and page 140 para 18); Al-Baraka Bank Vs. Rina Alam, 56 DLR 588; Dacca Match Factory Vs. Bangladesh Match Factory Co., 30 DLR 244; Nasir Mia Vs. Anwar Hossain, 48 DLR 28; Central Bank of In...... 2011. Result: The appeal is dismissed. Cases Referred to- PT Krishnaswami Ayyangar Vs. Chevula Kamalamma, AIR 1941 PC 90 (92); (Obla) Sundarachriar Vs. Narayan Ayyar, AIR 1931 PC 36 (38 and 39); M Subramanian Vs. MLBM Lutchman, AIR 1923 PC 50 (53); Eagle Star Insurance Co Ltd. Vs. Usma......(2011) 417. ...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ..

Category: Civil Law | Date: | Hits: 235

Commissioner of Customs, Benapole, Jessore Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others, 2011, 40 CLC (HCD)

....hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ......on (Civil Appellate Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Commissioner of Customs, Benapole, Jessore…………Applicant Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents Judgment May 18, 2011. Res......Supreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Ashfaqul Islam J M Moazzam Husain J Commissioner of Customs, Benapole, Jessore…………Applicant Vs. President, Customs, Excise and VAT Appellate Tribunal, Dhaka and others………Respondents ......hat view of the matter the application for condonation of delay is rejected and the Customs Appeal No.04 of 2010 is hereby dismissed. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 416. ..

Category: Limitation Law | Date: | Hits: 324

State Vs. Manik Bala, 1988, 17 CLC (HCD)

....s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435.......Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The reference is rejected and the Jail appeal is allowed. Lawyers Involved: M. Shamsul Alam, Deputy Attorney General wit......Court High Court Division (Barisal Bench) (Criminal Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J DM Ansaruddin Ahmed J State…………………Appellant Vs. Manik Bala…………………Respondent Judgment December 5, 1988. Result: The ......s acquitted of the charge. Let the condemned prisoner be set at liber­ty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 435...

Category: Criminal Law | Date: | Hits: 142

Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)

....e plaintiffs' case, in short, is that the de­fendant No.1 Abul Hasan Khan and other 15 mem­bers of his family were the partners of M/s. East Pa­kistan Aluminium and Iron Manufacturing Company, now Bangladesh Aluminium and Iron Manufacturing Company having office and factory at plot No.111 and 108...... Md. Shamsuddin Khan & others...................................Respondents Judgment May 2, 1989. Result: The appeal is allowed. Cases Referred to- Sarwar Khan Vs. Gulam Sarwar and others, PLD 1982 AJ & K 126; Ram Singh Kundan Singh and sons and another Vs. Ram Chand Issar......ision (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Latifur Rahman J Nurul Huque Bhuiyan J Abul Hashem Khan & others.......................................Appellants Vs. Md. Shamsuddin Khan & others...................................Respondents Judgment ......em. In the face of our findings in respect of Ext. W and Z series the appli­cation is not maintainable. Accordingly, it is reject­ed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 415...

Category: Business or Commercial Law | Date: | Hits: 349

Khan Md. Ruhul Amin Vs. Chairman, Labour Court, Khulna and others, 1990, 19 CLC (HCD)

....t he is the Assistant Teacher of the Crescent High School of the Crescent Jute Mills Co Ltd. within the Town Khalishpur, Khulna and the said Mill, being a nationalised industry, is a component of the Bangladesh Jute Mills Corporation. He was appointed on 7-1-69 as the teacher of that school by the t...... (Special Original Jurisdiction) Present: Md. Abdur Rouf J Md. Mozammel Haque J Khan Md. Ruhul Amin……………Petitioner Vs. Chairman, Labour Court of Khulna Division, Khulna and others…………..Respondents Judgment January 9, 1990. Result: The Rule is disch......LR (1999) (HCD) 347....... case be taken as a bar in that regard. With the above observations this Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 347...

Category: Labour and Industrial Law | Date: | Hits: 184

Khalilur Rahman (Md.) alias Ismail Vs. State, 1999, 28 CLC (HCD)

....Code of Criminal Procedure and obtained this Rule. Mr. Sultan Ahmed, the learned Advocate on behalf of the petitioner, submits that the alleged statue was auction purchased by Tanvir Traders from the Bangladesh Biman (vide Annexure H to the petition) and one Md. Sekender purchased the said statue on...... Ismail………Petitioner Vs. State represented by the Deputy Commissioner, Dhaka………Opposite Party Judgment May 20, 1999. Lawyers Involved: Sultan Ahmad with Malik Syed Ahmad and Md. Joynul Abedin, Advocates — For the Petitioner. Abul Hossain Azadi, Assistant Attorney- ....... ......ted earlier by this Court is hereby vacated. Send down the lower Court records. Let the petitioner be discharged from his bail bonds. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 344. ..

Category: Others | Date: | Hits: 159

Abdur Rahim (Md.) Vs. Bangladesh Sarak Paribahan Corporation, represented by its Chairman, 1998, 27 CLC (HCD)

....LR (1999) (HCD) 339. ......upon the respondents to show cause as to why the order as contained in Memo No.06/Estate/180(Part)-4/488/1(10) dated 14-5-97 issued under the signature of Mr. Md. Ashraf Ali Khan, In charge (Planning and Estate) of the respondents office (Annexure-C) should not be declared to have been made without ......n: 51 DLR (1999) (HCD) 339. ......issued without 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: 51 DLR (1999) (HCD) 339. ..

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