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Jobon Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peoples republic of Bangladesh and others, 1996, 25 CLC (HCD)

.... case of Fazlul Hoque Chowdhury Vs. Government of Bangladesh reported in 30 DLR 336 and Rahimuddin Baarsha Vs. Bangladesh, 46 DLR 130. 14. Every citizen whose fundamental right is infringed by the State has a fundamental right under Article 44(1) for enforcement of his right by the Court. If by a......Jurisdiction) Present: KM Hasan J Md. Fazlul Haque J Jobon Nahar and others……………………………………………………………………………………Petitioner Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Governmen......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect. Ed. This case is also Reported in: 49 DLR (HD) (1997) 108. ..

Category: Limitation Law | Date: | Hits: 175

Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)

....preme Court High Court Division (Criminal Revisional Jurisdiction) Present: AKM Sadeque J KM Hasan J Dr. Ahmed Sharif……………………………………..Petitioner Vs State and another……………………………………Opposite Parties Judgment August 1,...... State and another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and o......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..

Category: Criminal Law | Date: | Hits: 70

Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)

....D) (1997) 97. ...... DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..

Category: Criminal Law | Date: | Hits: 56

Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)

.... High Court Division (Criminal Revisional Jurisdiction) Present: Md. Mozammel Haque J Mahfuzur Rahman J Golam (Md.) Abdul Awal Sarker And Others……………..Petitioners Vs. State……………………………………………………………………………Opposite...... Court High Court Division (Criminal Revisional Jurisdiction) Present: Md. Mozammel Haque J Mahfuzur Rahman J Golam (Md.) Abdul Awal Sarker And Others……………..Petitioners Vs. State……………………………………………………………………………O......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..

Category: Criminal Law | Date: | Hits: 105

Krishna Gopal Bhowmik Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others, 1978, 7 CLC (AD)

....ry, Ministry of Home affairs, Government of Bangladesh and others…………….Respondents Judgment July 27, 1978. Result: The appeal is allowed. Cases Referred To- Jagannath Vs. State of Orissa, AIR 1966 (SC) 1140; Abdul Latif Mirza Vs. Government of Bangla­desh; Mahbub Anam (...... Present: Kemaluddin Hossain CJ Fazle Munim J Badrul Haider Chowdhury J Krishna Gopal Bhowmik on behalf of detenu Nim Chandra Bhowmik @ Nirmal Chandra Bhowmik……………Appellant Vs. Secretary, Ministry of Home affairs, Government of Bangladesh and others…………….Respo......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 145. ..

Category: Criminal Law | Date: | Hits: 103

Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)

....rt High Court Division (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Humayuun@ Humayun Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment March 7, 20......Supreme Court High Court Division (Criminal Appellate Jurisdiction) Present: Afzal Hossain Ahmed J Md. Emdadul Haque Azad J Humayuun@ Humayun Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..

Category: Criminal Law | Date: | Hits: 112

Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)

.... Court Division (Criminal Appellate Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Sk. Helal Uddin and another .......................Appellants Vs. The State............................. Respondent Judgment November 8, 2010. Result: The app......rt High Court Division (Criminal Appellate Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Sk. Helal Uddin and another .......................Appellants Vs. The State............................. Respondent Judgment November 8, 2010. Result:......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..

Category: Criminal Law | Date: | Hits: 108

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

....er……………Respondents Judgment April 27, 1978. Result: The appeal is dismissed. Cases Referred to- Heyman Vs. Darwins Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A.I.R. 1953 S.C. 182; The Printers (Mysoro) Private Ltd., Vs. Pothan Jeseph, A.I.R. ......79) 138. ...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Abu Taleb Vs. State, 1988, 17 CLC (HCD)

....Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur Rahman Khan J Abu Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appeal is a...... Court Division (Rangpur Bench) (Criminal Appellate Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Habibur Rahman Khan J Abu Taleb………………………..Appellant Vs. State.....................Respondent Judgment November 30, 1988. Result: The appe......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down imme­diately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down imme­diately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...

Category: Criminal Law | Date: | Hits: 84

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

.... No.70/69 Ext. E. He has urged that the Khatian would show that the custo­mary right claimed by the plaintiffs were not noted in the suit plot although there is provision for it in rule 18(1) of the State Acquisition & Tenancy Act and Ext. would show that the plaintiff did not make any statemen......1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..

Category: Property Law | Date: | Hits: 58

Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)

....minal Revisional Jurisdiction) Present: AKM Sadeque J Sultan Ahmed..............................Complainant-Petitioner Vs. 1. Golam Mostafa alias Dulal 2. Mst. Zaheda Banu 3. The State represented by the Deputy Commissioner, Rajshahi..........................Opposite Parties ......219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...

Category: Criminal Law | Date: | Hits: 70

Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)

.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... Court High Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Jn. Md. Saleh Ahmed Khan....................Petitioner Vs. Government of Bangladesh represent­ed by the Additional Secretary-in-Charge Rural Developmen...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210....... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210...

Category: Civil Law | Date: | Hits: 87

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....efore quite distinguishable and the decision has no application to the instant case. 14. It appears that before the learned Assistant Judge the Privy Council decision in the case of Sec­retary of State Vs. Mask and Company in 44 CWN 709 was cited wherein it has been held:- "It is settled law ......D) (1989) 197. ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ..

Category: Election Law | Date: | Hits: 207

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......me Court High Court Division (Dhaka Bench) (Civil Appellate Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiya J Major (Retd.) Mohammad Afsaruddin............Petitioner Vs. Kamal Rahman....................................Opposite Party Judgment January 31, 198......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ..

Category: Property Law | Date: | Hits: 58

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ....... ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ..

Category: Criminal Law | Date: | Hits: 77

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

....n of revocability of the contract which is not to be specifically enforced but it is a question of an arbitrary exercise of power by the Government authority in exercise of the sovereign power of the State in the Ministry of Commerce and Industry. In elaborating this point the learned Counsel submit......e Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondents Judgment March 20, 1991. Cas...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ..

Category: Civil Law | Date: | Hits: 72

Kabir and others Vs. State, 1991, 20 CLC (HCD)

....993) 755. ......HCD) (1993) 755. ...... the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ..

Category: Criminal Law | Date: | Hits: 76

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

....ion (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Muhammad Ansar Ali J Siddiqur Rahman..........................Appellant Vs. The State............................Respondent Judgment February 15, 1988. Result: The app......Court Division (Jessore Bench) (Criminal Revisional Jurisdiction) Present: Abdul Matin Khan Chowdhury J Muhammad Ansar Ali J Siddiqur Rahman..........................Appellant Vs. The State............................Respondent Judgment February 15, 1988. Result:......his Case is also Reported in: 41 DLR (HCD) (1989) 173. ......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ..

Category: Criminal Law | Date: | Hits: 74

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

.... 21 DLR (SC) 1. Lawyers Involved: Dr. Kamal Hossain with Aminul Huque, Advo­cates - For the Petitioner. A.K.M. Shamsul Karim, Assistant Attorney General with S.B. Barua, Advocates - For the State. Criminal Miscellaneous Case No.103 of 1988. Judgment Fazle Hussain Mohammad Habibur ......ion (Dhaka Bench) (Criminal Miscellaneous Jurisdiction) Present: Fazle Hussain Moham­mad Habibur Rahman J Mahmudul Amin Chowdhury J Dr. Md. Habibullah................Petitioner Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others...............Oppo......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....nce, we direct that the detenu, the said Yunus Ali Mintu 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) 156. ......ourt Division (Rangpur Bench) (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Mu­hammad Ansar Ali J Chunnu Chowdhury........................Petitioner Vs. The District Magistrate & ors.....................Respondents Judgment January 10,......iah, Advocates - For the Petitioner. Sahabuddin Ahmed, Assistant Attorney General with S.A. Hasan, Assistant Attorney General - For the Respondents. Writ Petition No. 22 of 1988. Judgment Muhammad Ansar Ali J.- In this writ petition under Article 102(2)(b)(i) of the Constitution of the P......nce, we direct that the detenu, the said Yunus Ali Mintu 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) 156. ..

Category: Criminal Law | Date: | Hits: 60