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Nadira Alam Vs. State, 2010, 39 CLC (HCD)

.... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......anding payment of the cheque amount and (vi) failure of the drawer to make payment within specified time of the receipt of notice. As per section 177 and 183 of the Code of Criminal Procedure if the aforesaid six different acts were done in six different localities, any of the Courts exercising juri...... Bazar for compliance who is directed to dispose the case in the light of observation made in the body of judgment on priority basis. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 218. ......id offence was done. ……………………(27) Cases Referred to- Osman Goni Vs. State, 15 BLD 501; Abdul Alim Vs. Biswajit Dey, 59 DLR 236; Ali Akkas Vs. Enayet Hossain, 27 BLD(AD) 44. Lawyers Involved: Md. Abdul Jalil, Advocate - For the Petitioner.  Sakila Rowshan, Deputy..

Category: Criminal Law | Date: | Hits: 134

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......l, the continuation of this illegal de­tention by the order of extension passed by the Gov­ernment must also be deemed to be illegal…………..(9) The initial order of detention of the detenu for a period of 30 days and the order was approved by the Government by an order passed by the Assis......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......der of ex­tension. Therefore, after the expiry of the initial order of detention on 1.3.89, the further detention being without a lawful order has also been illegal………………………(10) Lawyers Involved: S.S. Halder, Advocate —For the Petitioner. Md. Delwar Hossain, Assistant ..

Category: Criminal Law | Date: | Hits: 74

Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)

....l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......nserting section 339B in Cr.P.C. they did not consciously make any corre­sponding amendment in section 537 Cr.P.C. to include the word 'Gazette Notification and at least one Bengali newspaper'. Therefore, it can be inferred that section 537 does not cover the case falling under section 339B Cr.P.C.......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......ly on the ground of limitation is set aside.…………….(7) Cases Referred to- Md. Sabuj Vs. The State, 40 DLR 150; Hajari Shafi and others Vs. Ramasis Thakur and others, 1970 (Pat.) 89. Lawyers Involved: Abu Bakar Siddiqui for Zahirul Hug, Advo­cates—For the Petitioner.  ..

Category: Criminal Law | Date: | Hits: 110

Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)

....itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ...... Result:   The rule is made absolute.   The Code of Civil Procedure, 1908 (Act No. V of 1908); Order XLI Rule 19    Where there is specific provi­sion of law for re-admission of the appeal then the litigant should invoke that provision. If the defen­dant fi......itioner to pay 50% of decreetal amount in Court, failing which, the orders impugned shall stand vacate. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 149. ......rred to- Abdul Quddus (MD) Vs. Md. Mobarak Hossain, 51 DLR (AD) 54; Nur Islam (Md.) Vs. Agrani Bank, 49 DLR (AD) 135; Punjab Ali Pramanik and others Vs. Mohd. Mokarram Hossain, 29 DLR (SC) 185. Lawyers Involved: J. N. Deb, Advocate - For the Petitioner  Md. Oziullah, Advocate - For ..

Category: Procedural Law | Date: | Hits: 154

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ......t Syed Refaat Ahmed J.- These are six Applications filed under Section 7 Ka of the Arbitration Act, 2001 (hereinafter referred to as 'the act") concurrent with all these Application being admitted for hearing and registered accordingly on 7-2-2007, except for Application No.08 of 2007 as was admi...... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ...... Sundaram Finance Ltd. Vs. NEPC India Limited, (1999) 3 Comp LJ 205 (SC); Channel Tunnel Group Vs. Balfour Beatty Ltd., (1993) 1 Aller, 664; Trade Fortune Inc. Vs. Amalgamated Mill Supplies Ltd. Lawyers Involved: Imtiaz Mahmood, Advocate - For the Petitioner.  Tofailur Rahman with Ms..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Abdus Satter and others Vs. Abdun Noor and others, 1997, 26 CLC (HCD)

.... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......cellaneous Case No.97 of 1980(pre‑emption case) by the Senior Assistant Judge, Sylhet. 2. The short fact leading to the issuance of the Rule is that, the pre‑emptor opposite parties filed the aforesaid pre‑emption case in the Court of the Munsif, Sadar, Sylhet seeking pre‑emption of the s...... a chance to amend their application under section 96 of the State Acquisition and Tenancy Act by adding left‑out necessary parties. Ed. This case is also Reported in:49 DLR (HCD) (1997) 414. ......59; Ashwini Kumar Karmaker being dead his heirs; Sree Radha Raman Karmaker and others Vs. Hari Mohan and others, 36 DLR (AD) 1; Derasatullah and others Vs. Manik Mondal and others, 36 DLR (AD) 88. Lawyers Involved: Jyotirmoy Narayan Deb, Advocate ‑ For the Petitioners. MA Jabbar, Advocate..

Category: Property Law | Date: | Hits: 155

Abdul Halim Talukder alias Chand Mia Talukder Vs. Md. Hazrat Ali Talukder and others, 1997, 26 CLC (HCD)

....ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 564. ......€‘1995 passed by the learned Subordinate Judge, 3rd Court, Mymensingh in Partition Suit No.141 of 1994 rejecting an application under Order 14 rule 2 of the Code of Civil Procedure and an application for rejection of the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. Opposite par......ht of the observations made above. There will be no order as to costs. The order of stay granted earlier by this Court stands vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 564. ......Parties Judgment July 29, 1997. Result: The Rule is made absolute in part. Case referred to- Khaleda Razia Khanam and others Vs. Mahtabuddin Chowdhury and others, 30 DLR (SC) 30. Lawyers Involved: M.A. Wahhab Mia, Advocate ‑ For the Petitioner. Md. Abdul Quddus, Advocate..

Category: Procedural Law | Date: | Hits: 152

Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......Trial Case No.20 of 1988 in the Court of Sessions Judge, Laxmipur and to submit a report to this Court personally within two weeks from the date of receipt of the order. 3. The short fact relevant for disposal of the Rule is that the detenu was arrested on 1‑6‑97 by Md. Afsar, ASI in charge o...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......nment of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1997. Result: The Rule is made absolute. Lawyers Involved: Tariqul Hakim with K M Jabir and AKM Enayet Hossain, Advocates ‑ For Petition..

Category: Criminal Law | Date: | Hits: 88

Mahmudur Rahman Nazlu Vs. State and another, 2012, 41 CLC (HCD)

....gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ......tioner.  Gazi Md. Mamunur Rashid, Assistant Attorney General - For the State.  Criminal Miscellaneous Case No.18937 of 2011. Judgment M Enayetur Rahim J.- This is an application for restoration of the above mentioned Miscellaneous Case under section 561A of the Code of Criminal......gation restoring the instant case to its file and number. Accordingly, the application is rejected. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 179. ...... Judgment January 22, 2012. Result: The application is rejected. Cases Referred to- Sonatoon Nessa Vs. Haipattullah Sarker, 41 DLR (AD) 105; Abdul Kashem Vs. State, 43 DLR (AD) 77. Lawyers Involved: Abu Hena Razzaki, Advocate - For the Petitioner.  Gazi Md. Mamunur Rash..

Category: Procedural Law | Date: | Hits: 167

State Vs. Zakaria Kabiraj, 2012, 41 CLC (HCD)

....dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ......J.- This Death Reference, under section 374 of the Code of Criminal Procedure (in short, the Code) has been submitted by the Bicharak (District and Sessions Judge), Druta Bichar Tribunal No.4, Dhaka, for confirmation of sentence of death, awarded by him upon accused Zakaria Kabiraj convicting him un......dgment and order be communicated to the concerned Tribunal at once for necessary action along with the records of the Tribunal below. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 523. ...... DLR 235; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Amir Hossain Vs. State, 37 DLR (AD) 139; Hafez Abul Khair Vs. State, 29 DLR (AD) 1; Afsar Ali Moral Vs. State, 29 DLR (AD) 269. Lawyers Involved: MA Mannan Mohan, Deputy Attorney-General with Md. Ensan Uddin Sheikh with Md. O..

Category: Criminal Law | Date: | Hits: 147

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ...... Lawyers Involved: Kaisar Ali, Advocate ‑ For the Petitioner. Civil Order No.5233 (Contempt) of 1997.  Judgment AM Mahmudur Rahman J.- This application has been filed for drawing up proceeding of contempt of Court against the Secretary, Ministry of Works and the Assi......t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ......Republic of Bangladesh and others ……………………Respondents Judgment November 20, 1997. Result: The application is rejected. Lawyers Involved: Kaisar Ali, Advocate ‑ For the Petitioner. Civil Order No.5233 (Contem..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 99

Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)

....fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......Rita Bimala Purification, predecessor-in-interest of First-Fourth-opposite parties as Plaintiffs on 7.4.1981 instituted a Suit being Title Suit No.434 of 1981 in the Court of Subordinate Judge, Dhaka for a decree of partition in respect of A and B property described in schedule to plaint impleading ......fact and circumstances of the case I direct the parties to bear their respective costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 360. ......Insan Ali Vs. Mir Abdus Salam, 1988 BLD (AD) 77; Abdur Rashid and another Vs. Abdul Barik and another, (1983) 35 DLR AD 162; M.A. Wahab and another Vs. Abul Kalam and another, (1992) 44 DLR AD 13. Lawyers Involved: Md. Faruque Ahammed with Md. Asaduzzaman, Advocate - For Petitioners. Md. Mu..

Category: Procedural Law | Date: | Hits: 120

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......dated 21.11.2008. 3. We have perused the writ petition and the Affidavits-in-Opposition arid the Supplementary Affidavit. We have considered the submissions made by the learned Advocates appearing for the petitioner, the respondent No.5 as well as the learned Additional Attorney General and the l......na, Dhaka. Let a copy of this judgment and order be placed before the learned Chief Justice for his perusal and necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 105. ......ssain's case; Ahmed Vs. Bangladesh, 40 DLR (HCD) 352; Dr. Kamal Hossain Vs. Muhammad Sirajul Islam, 21 DLR (SC) 23; King Vs. Speyer, LR (1) 1916 KB 595; Bangladesh Vs. Shafiuddin, 50 DLR (AD) 26. Lawyers Involved: Ajmalul Hossain with M. Quamrul Haque Siddique, Md. Aftab Uddin, ABM Siddiqur R..

Category: Constitutional Law | Date: | Hits: 361

BRAC Printers Vs. Chairman; First Labour Court and another, 2007, 36 CLC (HCD)

....scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......s last designation was 'senior machineman' and his gross wages was Tk. 5,767.50 per month. Respondent No.2 was elected assistant general secretary in the election of Collective Bargaining Agent (CBA) for two consecutive terms such as 1996-1997 and 1998. He acted as the bargaining agent with the mana......scharged without any order as to costs. The order of stay passed at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 427. ......sh Tea Estate Staff Association, 28 DLR (AD) 190; Aminul Vs. James Finlay and Company Ltd., 26 DLR (SC) 33; Bangladesh Tea Estate Ltd. Vs. Bangladesh Tea Estate Staff Association, 28 DLR (AD) 190. Lawyers Involved: A.K.M. Badruddoza, Advocate - For the petitioner (In all the writ petitions). ..

Category: Labour and Industrial Law | Date: | Hits: 138

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......he gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the post of Manager/Joint Director and pass such other or further order or orders. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......s Judgment August 7, 2005. Result: The Rule is made absolute. Case referred to- Bangladesh Agricultural Development Corporation Vs. Giasuddin Ahmed and others, 25 BLD (AD) 125. Lawyers Involved: Monsurul Haque Chowdhury with Md. Sultan Mahmud, Advocate - For the Petitioner...

Category: Employment/Service Law | Date: | Hits: 144

Abdul Awal and others Vs. Ratan Bibi and others, 2007, 36 CLC(HCD)

....nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......ed against the judgment and order dated 22.07.2002 and another order dated 27.08.2002 passed by the learned Joint District Judge, first Court, Comilla in Title Suit No.31 of 1994 rejecting the prayer for making some persons as parties and keeping the subsequent petition under section 151 of the Code......nths from date of receipt of the order. The order of stay granted at the time of issuance of the rule is hereby vacated. Communicate. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 41. ......Bibi and others………………………Opposite parties Judgment March 11, 2007. Result: The Rule is made absolute. Case referred to- Anil Kumar Vs. Shivnath (1995) 3 SCC 147. Lawyers Involved: Abdul Quddus, Advocate - For the petitioners. Nikhilesh Dutta, Advocate - F..

Category: Property Law | Date: | Hits: 85

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ted in list 'Ka' in the Gazette dated 23‑6‑1986 as abandoned property. 4. The further case of the petitioner is that, he filed Case No.526 of 1087 under section 7 of Ordinance No.LIV of 1985 before the Court of Settlement and respondent No.4 also filed Case No.525 of 1987 for release of the c......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......of Settlement, 15 DLR 5; Gannysons Limited Vs. Sonali Bank and others, 37 DLR (AD) 42; Government of Bangladesh Vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Md. Ayub Ali Vs. Bangladesh, 45 DLR 746. Lawyers Involved: Miah Abdul Gafur with Md. Ataur Rahman Khan, Advocates ‑ For the Petitioner. ..

Category: Property Law | Date: | Hits: 107

Khadem Ali Akand (Md.) Vs. State, 1996, 25 CLC (HCD)

....y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ...... 5(2) of Act 11 of 1947 convicting the accused appellant under section 409 of the Penal Code read with section 5(2) of Act II/1947 and sentencing the accused appellant to suffer rigorous imprisonment for 2(two) years and also to pay a fine of Taka 10,000.00 in default to suffer rigorous imprisonment......y the handwriting expert and then to dispose of the case in accordance with law. Communicate this order to the Court below at once. Ed. This case is also Reported in:49 DLR (HCD) (1997) 441. ...... Result: The appeal is allowed. Cases Referred to- Abdur Rahman Mondal Vs. State, 43 DLR (AD) 16; Kazi Ibrahim @ Ibrahim Kazi Vs. State, 11 BLD 423; Anis Mondal Vs. State, 10 DLR 459. Lawyers Involved: Gour Gopal Saha with Md. Khurshid Alam Khan, Advocates ‑ For the Appellant. ..

Category: Criminal Law | Date: | Hits: 88

Mostafa Vs. State, 2012, 41 CLC (HCD)

.... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ......out of Nalitabari PS Case No.14 dated 30-10-2005, corre­sponding to GR No.113 of 2005 convicting the peti­tioner under section 19A of the Arms Act and sentencing him to suffer rigorous imprisonment for 10 years, should not be quashed. 2. Facts of the case, in short, are that one Md. Nurul Amin ...... with in any other case. Send down the Lower Court records along with the copy of the Judgment. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 544. ...... Anwarul Haque J Mostafa………………………Petitioner Vs. State……………………..Opposite-Party Judgment March 18, 2012. Result: The Rule is made absolute. Lawyers Involved: Md. Habibur Rahman Advocate - For the Petitioner Md. Abdul Khaleque, Assist..

Category: Criminal Law | Date: | Hits: 59

Shafiqul Islam (Md.) Vs. State, 1998, 27 CLC (HCD)

....k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ...... Daman Bishesh Adalat, Satkhira in Nari & Shishu Case No.77 of 1996 convicting him under section 9(Ga) of the Nari‑O‑Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing him to suffer RI for 10 years and to pay fine of Taka 5,000.00 in default to suffer RI for further period of 4 months......k be set at liberty if not wanted in connection with any other case. Let the affidavit filed by Noor Ali Sk. be kept with the record. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 581. ......¦â€¦Appellant Vs. State……………………….Respondent Judgment June 25, 1998. Result: The appeal is allowed. Case Referred to- Nazrul Islam Vs. State, 50 DLR 103. Lawyers Involved: Abdus Sobhan Tarafder, Advocate - For the Appellant. M A Rouf, Assistant Att..

Category: Criminal Law | Date: | Hits: 89