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A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....6 floors with the foundation for the sanctioned 22-storied building was completed. Up to ten floors were either sold or leased out to different persons, of them, some are foreign companies, banks and financial institutions. Many of the transferees started occupying and using their premises. The peti......ully vested in them and those rights cannot be taken away with such bureaucratic fiat. 34. KM Saifuddin Ahmed, the learned Counsel appearing on behalf of the respondents 2 to 4, submitted that the power to grant sanction includes the power to revoke or cancel the sanction. 35. He then submitte......ents. Judgment May 2, 2000. Cases Referred To- Abdus Sattar Vs. Bangladesh and others, 48 DLR (AD) 180; State of UP Vs. Maharaja Dharmander Prasad Singh, (1989) 2 SCC 505; Munnich Vs. Godstone RDC, (1996) 1 WLR 427, at p. 435. Lawers Involved: M Amir ul Islam with A Hasib, Tania A......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Mrs. Aruna Sen Vs. Govt. of the PeoÂple's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case inÂvolves substantial question as to the interpretaÂtion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......n a particular manner. Chief Justice Goayer, who delivered the judgment of the Court, though posed the question whether the satisfaction of the detainÂing authority as referred to in the rule-making power contained in section 2 of the Defence of India Act should be subjective or objective did not a...... Rahman Chowdhury J Mrs. Aruna Sen……….....Petitioner. Vs. 1. Govt. of the PeoÂple's Republic of Bangladesh through the Secretary, MiÂnistry of Home AfÂfairs, Dacca. 2. The Director, Rakkhi Bahini, Sher-e-Bangla Nagar, Dacca. 3. The Deputy CommissionÂer, Dacca. 4. Depu......this case inÂvolves substantial question as to the interpretaÂtion of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
.... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
......awalpindi reported in PLD, 1970 SC 1 corresponding to 21 DLR (SC) 356 in support of his contention that the proceeding in the writ petition in the instant case being a civil proceeding this court has power under section 114(b) read with Order XLVII, rule 1 of the Code of Civil Procedure to review th......A Bari and others …………………....Petitioners
Vs.
Uttara Sarkari Officers Quarter Kallayan Samity and others ...............Respondents
Judgment
March 1, 2003.
Cases Referred to-
Zobaida Naher @ Jharna Vs. Khairunnessa, 3 BLC (AD) 170; Nurul Husain (Md.) Vs. Government of...... of the review petitioners the same is set aside on review.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 55 DLR (2003) 289.
..
Category: Others | Date: | Hits: 119
Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)
....he assertion that he was the guarantor. He also stated that the loan had already been repaid in full vide some securities the borrower gave to the bank. He did nevertheless, in view of A Hai Pathan's financial disarray, express his willingness to pay the plaintiff the principal amount of Taka 15,000...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. Â ......uit was partially decreed against him, he did not lodge any appeal. Nor did any one appear on his behalf during the hearing of this appeal. 3. It has been alleged in the plaint that the defendant stood guarantor for the repayment of a loan for Taka 15,000 (fifteen thousand) the plaintiff granted ...... in view of above nothing would justify us to allow this appeal. We do, therefore dismiss this appeal without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 285. Â ..Category: Banking Law | Date: | Hits: 215
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ......and the notice of compensation was issued on the owner of the property on 24‑3‑1985 and a period of 7 years has also passed from 26‑10‑1978 to 24‑3‑1985 and, as such, it is not beyond the power of this Court to grant in an appropriate case some additional amount by way of interest or oth......19 DLR 237. Lawyers Involved: MA Samad with MGH Ruhullah, Advocates‑ For the Appellants. Mahbubey Alam with Md. Harun-or-Rashid, Advocates-For Respondent No. 3. Nihilesh Datta, Deputy Attorney‑General with Md. Tafique Hossain and Md. Jainul Abedin, Advocate-For the Government-Respond......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ......d discriminatory. 11. At the hearing of the Rule we find none to represent any of respondents. But just before delivering this judgment, the learned Assistant Attorney-General appeared and filed a power on behalf of the respondent No. 5 and prayed for recording his appearance. 12. It is now ad......bahi Officer and others ………………Respondents Judgment April 5, 2000. Lawyers Involved: Md. Eunus Ali Akond, Advocate—For the Petitioner. Dr. Kazi Reazul Hoque, Assistant Attorney General—For the Respondent No.5. Writ Petition No. 1092 of 1999. Judgment Md. Abd......his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ..Category: Employment/Service Law | Date: | Hits: 84
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23....... record. Learned Deputy Attorney General has taken us to the impugned judgment and argued that the High Court Division erred in law in making the rule absolute despite holding that the government has power to acquire the disputed property for public purpose at any point of time. Learned Deputy Attor......ndra Kumar Sinha J The Deputy Commissioner and another …………..........Petitioners Vs. Md. Abu Taher and another ……………………………………....Respondents Order October 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. ......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23...Category: Property Law | Date: | Hits: 81
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......,92,201.39 from consignment imported by him under Letter of Credit dated 7.3.99 on the averÂments that in the course of his business he opened the above letter of credit dated 7.3.1999 for import of power tiller with accessories from China and after arrival of the goods he through his clearing agen......III ADC (2011) 14. ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ......of the Criminal Law Amendment Act, 1958 and also the schedule to the A.C.C. Act, 2004 by inserting offences under the Ain of 2002 in both the schedules, the ACC has been emboldened with the exclusive power and jurisdiction to enquire into and conduct investigation of offences of money laundering, pr...... represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judgment February 9, 2011. Cases Referred to- Md. Nazimuddin Vs. The State, 30 DLR 49 (FB) 70; T.S. Baliah Vs. Income-tax Officer, Madras, ......of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ..Category: Civil Law | Date: | Hits: 174
Jashimuddin (Md.) alias Md. Jashimuddin Vs. Dali Begum and another, 2003, 32 CLC (HCD)
.... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ...... below found that the marriage is a valid marriage and the divorce is also a valid one and child born of their wedlock is a legitimate child. This Court, being the revisional Court, has a supervisory power and can grant relief of full dower and maintenance according to the law as contemplated in the......alias Md. Jashimuddin………..Defendant-Petitioner Vs. Dali Begum and another ………….......................Plaintiff Opposite Parties Judgment November 15, 2003. Cases Referred to- Dr. ALM Abdullah Vs. Rokeya Khatun, 21 DLR 213; Anwar Hossain Vs. Momtaz Begum, 4 BLC 521; Ab...... In that view of the matter, the Rule is discharged without any order as to costs. The stay order granted by this Court is hereby vacated. Ed. This Case is also Reported in: 56 DLR (2004) 358. ..Category: Family Law | Date: | Hits: 186
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
....ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ......s wife and he is required to be put on trial for the cause of death before a proper court. The proper procedure in the facts of the given case, is to remand the case to the Court of Magistrate having power to take cognisance of the offence for passing necessary orders on perusal of the police report......Bhuiyan J State ……………………………………Petitioner Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant A......ourt and the trial Court shall be at liberty to decide the case independently on the basis of the evidence to be available with the record. Ed. This Case is also Reported in: 56 DLR (2004) 355. ..Category: Criminal Law | Date: | Hits: 43
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ...... sought for quashing any proceeding or any order passed by the Chief Metropolitan Magistrate. Pointing out and placing section 561A Cr.P.C. he has submitted that this Court by exercising the inherent power can make such orders as may be necessary to prevent abuse of the process of any Court. He has ......: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Aw......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
.... trial." Similar phase can be discerned in the American Law. Until 1960s the law and practice tended to concentrate on the problem of securing the attendance of accused at trial: Courts usually using financial bonds as the means to this end and that the result was the pretrial imprisonment of people......rough section 54 of the Code and section 3 of the Act, and submits that a person cannot be put in preventive detention after arrest under section 54 of the Code, inasmuch as, a police officer has the power to arrest a person under this section on any of the grounds contained therein whereas, an orde......………….Opposite Parties Judgment August 4, 2003. Cases Referred To- Gouri Shanker Jha Vs. State of Bihar, AIR 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 195......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)
.... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ......y attention to various provisions of Union Parishad Ordinance, 1983 and submits that the election tribunal was set up by the election commission and though the election tribunal was invested with the power of a civil Court trying a suit under the Code of Civil Procedure and shall be deemed to be a C...... High Court Division (Civil Revisional Jurisdiction) Present: Bijan Kumar Das J Mahbubur Rahman…………………………………Petitioner Vs. Syed Mostofa Jaman and others………….Opposite Party Judgment December 2, 2002. Cas...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..Category: Election Law | Date: | Hits: 79
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ......pplication, the defendants contended that after the death of Alimullah on 18Â-10‑1976, his sons and daughters appointed their mother Hasina Begum as their duly constituted attorney by a registered power of attorney dated 5-Â12‑1977. So empowered she transferred number of properties with the co......d. Abdur Rashid J S Rahman Miah J Ali Akbar (Md) and others...............Appellants Vs. Sakina Begum and others..............Respondents Judgment August 24, 2002. Cases Referred to- Faiz Ahmed Vs. Baktear Ahmed, 36 DLR (AD) 97; Md Musa and others Vs. Tajul Islam, 38 DLR 134 ......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....cheque money which he will issue in favour of the opposite party No. 2 complainant and that in no way the cheque be dishonoured and that he will not resort to any kind of deception so as to cause any financial loss to the opposite party No.2 complainant. He also referred the decisions reported in 19......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ......Ali Asgar Khan J Md. Ashfaqul Islam J Nizam Khan (Md)…….............Petitioner Vs. State and another...............Opposite Parties Judgment November 17, 2003. Cases Referred to- Md. Asaduzzaman Vs. Md. Salamutullah, 1999 BLD 461= 52 DLR 530; Dewan Obaidur Rahman Vs. Stat......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ......nvestigation, trial and disposal the provisions of the Code of Criminal Procedure shall apply and the Tribunal constituted under the Ain shall be deemed court of sessions and it will exercise all the powers of court of sessions in the trial of any offence under the Ain or any other offence pursuant ...... Lawyers Involved: Ozair Farooq with Md Aminul Islam, Advocates -For the Petitioners. Prabir Halder, Advocate‑For Informant‑Opposite Party No. 2. Sheikh A Awal, Deputy Attorney‑General‑For the State‑Opposite Party. Criminal Appeal No. 4298 of 2003. J......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..Category: Criminal Law | Date: | Hits: 43
Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)
....s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ......administrative order for the purpose of maintaining upto date record of right. Therefore, the enquiry report lacks finality and authoritativeness of a Court as the revenue officers do not possess the power to decide the right, title and interest of the parties. In the light of aforesaid view taken b......¦â€¦â€¦â€¦.Petitioner Vs. Shashi Mohan Das and another……………………………………………0pposite Parties Judgment February 23, 2004. Cases Referred to- Sadat Ali Talukder (Md) @ Md Sadat Ali Vs. State and another 4 BLC (AD) 228; Shahera Khat......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..Category: Criminal Law | Date: | Hits: 42
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......w in rejecting the application mainly on the ground that the court could have compared the signatures of defendant No. 1 on the rent receipts with his admitted signatures in the written statement and power. 4. He also submits that the Course adopted by trial Court was risky and unsafe. In support...... Miah J Monju Mia and others………………………….Petitioners Vs. Shiraj Mia and others…………………………Opposite Parties Judgment July 20, 2002. Cases Referred to- Abdul Matin Chowdhury Vs. Chapala Rani Sen and others 37 DLR (AD) 205 = 1985 BLD (AD) 172; Mo......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)
....esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ......uddin Md. Aminur Rahman, learned Assistant Attorney‑General for the State, on the other hand, submits as follows: (i) According to section 540 of the Code of Criminal Procedure the Court has the power to examine any witness at any stage of the trial before pronouncement of the judgment. So, no ......ury J Zinat Ara J Tofail Ahmed alias Joseph………Petitioner Vs. State ………………………………… …….Opposite Party Judgment February 11, 2004. Cases Referred to- Nazrul Islam alias Montu Vs. State, 4 BLC 273; Nazrul Islam Vs. State, 27 CWN 675; Natabar Gh......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..Category: Criminal Law | Date: | Hits: 60
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