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Sadek Hossain Khoka and others Vs. Election Commission for Bangladesh and others, 2008, 37 CLC (HCD)
....he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......rt Division (Special Original Jurisdiction) Present: Tariq-ul-Hakim J Farah Mahbub J Sadek Hossain Khoka and others ………………………Petitioners Vs. Election Commission for Bangladesh and others………………….. Respondents Judgment December 4, 2008. Res......he Rules in Writ Petition Nos. 9125, 9126, 9336, 9459, 9428 and 9729 all of 2008 are discharged. There will be no order as to costs. Ed. This Case is also Reported in: 61 (DLR) (HCD) (2009) 10. ......an Vs. Guest, 1942 AC 561, 566; Kanta Kathuria (Smt) Vs. Nanak Chand Surana (1969) 3 SCC 258 SS; Inamdar Vs. AS Andhra Pradesh, (1971) 3 SCC 870; Karbhari Bhimaji Vs. Shanker Rao, AIR 1975 SC 575. Lawyers Involved: Khondker Mahbubuddin Ahmed with Md. Ruhul Kuddus with Toufiq lnam. Advocates â€..Category: Constitutional Law | Date: | Hits: 466
Category: Others | Date: | Hits: 107
ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)
....The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......ection 8 thereof, to the extent that they negate the right of the petitioner to be registered as a voter pursuant to Article 122 of the Constitution are repugnant to the said Article 122 and are therefore, unconstitutional and void and the respondents should not be directed to register the petitione......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ...... 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of Common Pleas, Vol VI 1871 312. Lawyers Involved: Dr. Kamal Hossain with ..Category: Constitutional Law | Date: | Hits: 386
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
....eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......th Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with Miscellaneous Appeal No.289 of 1999. Judgment Gour Gopal Saha J.-These two appeals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are interÂmingled. 2.......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ...... Corporation Vs. National Metal Craft, AIR 1981 (Delhi) 189; Indian Hosiery Works Vs. Bharat Woollen Mills, AIR 1953 (Cal) 488; Thawards Pherumal and another Vs. Union of India, AIR 1955 (SC) 468. Lawyers Involved: Abdul Wadud Bhuiyan with SM Fazlul Huq, Advocates-For the Appellant. Khonda..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... Golam Mohammad Chowdhury, Deputy AttorneyÂ-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Ja......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ...... Vs. State……………………………………………………………………………………..Respondent Judgment March 25, 2003. Result: The appeal is disposed of. Lawyers Involved: Md. Khurshid Alam Khan, Advocate-For the Appellant. Golam Mohammad Chowdhury..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defenÂdants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession…...... Court, Dhaka in Title Suit No.181 of 1994 are hereÂby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......0 DLR 422; Alauddin Munshi Vs. Mainuddin Talukder, 14 DLR 724; Abani Mohan Saha Vs. Assistant Custodian (SDO) Vested Property, Chandpur, 39 DLR (AD) 223; Abdur Rahim Vs. Arifur Rahman, 50 DLR 166. Lawyers Involved: Golam Arshed with Md. Rafiqul Imam, NM Ahsanul Haque, Mahmud Hossain and Naznee..Category: Procedural Law | Date: | Hits: 137
Sadiul Alam Vs. State, 2012, 41 CLC (HCD)
....s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V of 1898); section 561A To bring a case for the purpose of quashing a proceeding under section 561A of the Code of Criminal Procedure, one o......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......State, 28 DLR (AD) 38; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67; Ram Das Vs. State of UP AIR 1974 SC 1811; Abdul Rauf Vs. State, 53 DLR 283. Lawyers Involved: Md. Khurshid Alam Khan with Mubina Asaf and Shathika Hossain, Advocates - For t..Category: Criminal Law | Date: | Hits: 92
Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)
.... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......petitioner sent the opposite party No.1 to her father’s house and he never maintained her or her child. In the meantime the present petitioner at the instance of the opposite party Nos. 2-4 married for the second time and refused to maintain the opposite party No.1 or her child. With that allegati...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ......ic Roshan Khan, PLD 1971, Karachi, 531; Meher Negar Vs. Mojibur Rahman, 47 DLR 18; Abdul Khaleque (Md.) Vs. Selina Begum and State, 42 DLR 450; Adnan Afzal Vs. Capt Sher Afzal, PLD 1969 (SC) 187. Lawyers Involved: Alimuzzaman Chowdhury with Harun-ur-Rashid Khan, Giasuddin, M Salim, Ranjan Cha..Category: Family Law | Date: | Hits: 209
Touhid & Others Vs. State, 2006, 35 CLC (HCD)
....e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......rtionate to the gravity of generic offence, The Penal Code recognizes three degrees of culpable homicide. The first is what may be called "culpable homicide of the first degree". This is the greatest form of culpable homicide punishable under section 302 of Penal Code. The second may be termed as "c......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ...... The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innocence of alleged accused and till charges are proved beyo..Category: Criminal Law | Date: | Hits: 98
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......r as to costs. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a C......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. .......…(16 & 17) Case Referred to- Professor Abdur Rahim Khan Vs. Bangladesh through the Secretary, Ministry of Industries, 7 BLT (AD) 313; Mirzaboo Steels Ltd. Vs. Bangladesh, 59 DLR 141. Lawyers Involved: Raisuddin Ahmed with Md. Arshadur Rouf (present at the hearings but not present..Category: Constitutional Law | Date: | Hits: 334
Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)
....ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......onal application under section 115(1) of the Code of Civil Procedure and upon hearing the learned Advocate this Court issued the Rule on the following terms: "Let the records of the case be called for and a Rule issue calling upon the opposite party Nso.1-8 to show cause as to why the judgment an......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......and others Vs. Zahiruddin Kari and others, 30 DLR (SC) 81 para 14; Jashimuddin Kanchan (Md.) Vs. Md. Ali Ashraf, 42 DLR (AD) 289 para 13B; Abul Hashem (Bulbul) Vs. Mobarak Uddin Mahmud, 6 BLD 250. Lawyers Involved: Ahmed Nawshad Jamil, Advocate - For the Petitioner. Sk. Shamsul Alam, Advoc..Category: Procedural Law | Date: | Hits: 133
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......inal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance irrespect......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......€¦â€¦â€¦â€¦.………..Petitioner Vs. State and others…………………………….Opposite Parties Judgment November 20, 1996. Result: The Rule is discharged. The Criminal Law Amendment Act, 1958 (Act No. XL of 1958); section 6 (5) Section 6(5) of the Criminal Law Amen..Category: Criminal Law | Date: | Hits: 130
Category: Constitutional Law | Date: | Hits: 300
Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)
....atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......ent infirmity are found in their evidence. . . When the occurrence is indirectly admitted by the accused party by filing a counter case as already noticed and counter case ended in acquittal of the informant party (accused in that case), disbelieving the counter case there is no scope for acquittal ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......ther there is independent corroboration of such evidence. But the Court cannot refuse to consider the same on the ground of relationship or enmity with one or other party…………………..(9) Lawyers Involved: Mujibur Rahman, Advocate ‑ For the Petitioner. Md. Abdur Rouf, Assistant A..Category: Criminal Law | Date: | Hits: 75
Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)
....e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......Dhaka to have been passed without any lawful authority and to be of no legal effect. 2. The holding in question being plot No. H/7, Block‑E, Mohammadpur, Dhaka was leased out to one Amir Hossain for 99 years by the Government of East Pakistan. Amir Hossain died on 27‑7‑70 leaving behind his......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e is released the title vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his behalf…………………………(3) Lawyers Involved: Md. Nawab Ali, Advocate ‑ For the Petitioner. Not Represented ‑ For the ..Category: Property Law | Date: | Hits: 71
Abdul Latif Howlader Vs. Additional Deputy CommiÂssioner (Revenue) & others, 1998, 27 CLC (HCD)
....nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......sold the land on account of inability to maintain themselves due to natural calamities; the sold land was less than 1 acre; and that they had no land more than 2 acres". Upon such application the aforesaid case was started. The Board of judgment dated cancelled the deed adjusting the consideratio......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......f such jurisdiction it commits mistake such mistake cannot be amenable to judicial review under the high prerogative writ jurisdiction which the High Court Division exercises as discretionary one. Lawyers Involved: M Habibullah, Advocate ‑ For the Petitioner. Writ Petition No.2261 of 1998..Category: Constitutional Law | Date: | Hits: 222
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......ow Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of kh......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......terial evidence or mis-construction of any important documents affecting the merit of the suit………………(20) Cases Referred to- Habibur Rahman Vs. Mobarak Ali, 3 MLR 207 = 50 DLR55. Lawyers Involved: Salma Rahman, Assistant Attorney-General with Towhida Khatun, Assistant Attorne..Category: Procedural Law | Date: | Hits: 111
Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)
....erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......ge of 'threat', but once the act of extortion is actually committed, secÂtions 383 and 384 of the Penal Code come into play………………………………(63) The appellant threatened the informant, first with a dagger and then with a scissor, thereby putting him in fear of imminent danÂg......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ...... is immaterial that the said cheque could not be encashed. As soon as the appellant had come into possession of the cheque, the offence of extortion stood committed………………………(65) Lawyers Involved: Faisal H Khan and Moinuddin, Advocates - For the Appellant. Bashir Ahmed, As..Category: Criminal Law | Date: | Hits: 62
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......torney-General, Shafiqul Islam Siddique, Assistant Attorney-General and Swamp Kanti Deb, Assistant Attorney-General - For the Respondent No.1 and 2 (In Writ Petition Nos. 1796, 1798-1800 of 2011) and for Respondent No.1 of (In Writ Petition No.6791 of 2010). Khurshid Alam Khan, Advocate - F......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......s Referred to- Government of Bangladesh Vs. Md. Selim Reza, 23 BLD (AD) 193; Secretary, State of Karnataka Vs. Umadevi, (2006) 4 SCC 1; Pankosh Gupta Vs. The State of J and K, (2004) 8 SCC 353. Lawyers Involved: AM Aminuddin, Advocate - For Petitioners (In Writ Petition Nos.1796, 1798, 1799..Category: Employment/Service Law | Date: | Hits: 148
Category: Property Law | Date: | Hits: 73