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Hussain Mohammad Ershad Vs. State, 1995, 24 CLC (HCD)

....oad, Dhaka, had been established as a Court of Sessions Judge with effect from 28th August, 1995. Section 9(2) of the Code of Criminal procedure runs as follows: "The Government may, by general or special order in the official Gazette, direct at what place or the Court of Sessions shall hold its ......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

Rup Charan Das @ Sree Rupcharan Das & another Vs. Government of the People's Republic of Bangladesh and others, 1995, 24 CLC (HCD)

....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.......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)

....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. ......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)

....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. ......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

Abdur Gafur Vs. State, 1995, 24 CLC (HCD)

....orth Taka 80,000.00 in one case and Taka 1,64,000.00 in another case. 4. Mr. Abdul Baset Mojumder, learned Advocate appearing for the petitioners, has contended that cognizance taken by the Senior special judge upon a private complaint without sanction from the appropriate authority against the p......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90...

Category: Criminal Law | Date: | Hits: 112

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....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. ......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

Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 1986, 15 CLC (HCD)

....e company in general meeting a balance sheet and profit and loss account once at least in every calendar year. The Registrar has the power to extend the period by a maximum of 3(three) months for any special reason, but section 131 has to be read with section 76 and once the High Court Division cond......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)

....egulation relief by the petitioner is not applicable for the category of the workers like her and workers like cockpit crew, the cabin crew who enjoys certain benefits and privileges in view of their special category of services. But the petitioner being Flight Stewardess, her retirement age is excl......o put the age of the Cabin Crew (Stewardess) at par with male cabin Crew. Respondent 1 served notice being No.Dhaka GF/P‑ 32243/92/3004 dated 01.12.92 upon the petitioner requiring her to apply for leave preparatory to retirement (LPR) as she would attain 35 years of age. The said notice states, i..

Category: Employment/Service Law | Date: | Hits: 361

Sheikh Roushan Ali Vs. Board of Intermediate and Secondary Education, Jessore and others, 1995, 24 CLC (HCD)

.... 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.......alty is examined by the Appeal and Arbitration Committee and approved by the Board The words, "unless the proposal for such penalty" occurring in the proviso to Regulation 12 of the Regulations, 1979 leave no room for doubt that before the order of dismissal is passed by the College authorities the ..

Category: Employment/Service Law | Date: | Hits: 226

Munir Hossain and others Vs. Dhaka Water Supply and Sewerage Authority & others, 1995, 24 CLC (HCD)

....Service Regulations 1990, there‑in after referred to as the Regulations of 1990, and the Regulations of 1990 came into effect from 25th January, 1990. In the service Regulations of 1990 it has been specially provided that matters remaining pending immediately before coming into force of the Regula......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

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....perty or a part there‑of is situated and to seek remedy in a matter of Waqf property in the Court of District Judge, application dated 9.11.91 of the plaintiffs was redundant and being a case under special law (i.e. Waqf ordinance), the application of section 36 of the Waqf Ordinance would cover e......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117...

Category: Trust/Waqf Law | Date: | Hits: 181

Moudud Ahmed Vs. State, 1995, 24 CLC (HCD)

....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.......that both of them had a discussion with regard to the allotment of the plot. The note addressed to the Minister of Works and the discussion held between the petitioner and Mr. ShafiquI Ghani does not leave any room for doubt that there was overt act on the part of the petitioner who did not sit idle..

Category: Criminal Law | Date: | Hits: 111

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

....s added to sub-section (3) of sec­tion 9 Cr.P.C. as follows:- "Provided that where in a District, the Dis­trict Magistrate, Additional District Magistrate or any Magistrate of the first class is specially empowered under section 29C to try any offence, all Assistant Sessions Judges of the Ses­......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

Majeda Begum & another Vs. Khoda Box Mollah & others, 1987, 16 CLC (HCD)

....t all stages then it passes our understanding as to why we should penalise the de­cree-holder-respondents by requiring them to execute and register another Kabala deed by undergoing fresh expenses, especially, when the document was execut­ed and registered in an apparent insufficient apprecia­tio....... The appellants preferred First Appeal No.22 of 1978, but the same was dismissed by a Division Bench of the High Court Division. The appellants preferred an appeal before the Appellate Division, but leave was not granted. 3. Earlier the respondents started O.C. Execution Case No.8 of 1977 and be..

Category: Property Law | Date: | Hits: 140

Kohinoor Chemical Compa­ny Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)

....been discussed above, we do not find any reason to interfere with the order impugned before us. We reject this application in limine. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 387. ...... rule 1 C.P.C. We have carefully considered the same. It appears that the period of 10 days in rule 1 has been inserted by Ordinance No. XLVIII of 1983. It provides that the plaintiff or defendant by leave of the Court may deliver interrog­atories in writing for the examination of the oppo­site pa..

Category: Procedural Law | Date: | Hits: 133

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

....m nor return re­ceived in Court. He came to know about the case on 2.4.87 when he was arrested in execution of a war­rant issued on 15.5.86. It is also stated in the peti­tion that an appeal being special appeal No.19/87 was preferred under section 30 of the Special Powers Act beyond time, before...... 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

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

....and therefore both the impugned orders Annexure M and N 1 have been passed without jurisdiction. 13. Section 147 of the Act, as amended up-to-date, is as follows:- "147. Appeals. Subject to any special pro­visions for appeal made in this Part or in any rules made under this Act, an appeal sha......particular officer but by designation upon the Deputy Commissioner, Moulvi Bazar. The law of Contempt acts in personem and therefore the issuance of the Rule upon an office is of no consequence. That leaves us with the question as to whether the respondent No.4 himself has taken any part in the corr..

Category: Property Law | Date: | Hits: 129

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

....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.......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)

.... the aid of section 106 of the Evidence Act though section 106, Evidence Act has no manner of application in the instant case. In order to bring the case within the scope of section 106, Evidence Act special knowledge of the relevant fact must be attrib­uted to the accused persons regarding the kil......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

Additional Deputy Commi­ssioner (Revenue) Dhaka Vs. Md. Mostafa Ali Mridha and others, 1993, 22 CLC (HCD)

....prepared in respect of any property as vested and non‑resident property, then that will continue. Excepting this saving clause the law is totally repealed. Relying upon the aforesaid provisions of especially some of the close neighbours case law Mr. Haldar submits that question of suit property as......self as P.W.1. He reiterated his case as he stated in the plaint. He also proved the papers and documents, namely, Exts.‑1 to 8(c). He categorically denied, that his vend6r Ram Chandra Paul did not leave this country in 1953. He stated that he purchased the suit property by two documents, Exts.4 a..

Category: Property Law | Date: | Hits: 134