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Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....desh Government on 21-12-1997 and with the issue of his extradition to India as the Government of Bangladesh has decided to hand over him to India. He states that as Anup Chetia was charged with treason by the Indian Government he came to Bangladesh to save his life. The petitioner states that Chet......ling for right to self-determination of the Assamese people since 1979. The petitioner concerned with the arrest of Anup Chetia, the secretary-general of the United Liberation Front of Assam, briefly called ULFA, by the Bangladesh Government on 21-12-1997 and with the issue of his extradition to In...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......e Court High Court Division (Special Original Jurisdiction) Present: AM Mahmudur Rahman J Zakir Ahmed J Saiful Islam Dilder………….Petitioner Vs. Government of Bangladesh and others…………Respondent Judgment February 16, 1998. Result: The writ petition i..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....iyan was the owner of the case land and the building and the petitioner-respondent lost his father during his minority and he inherited the case land and building along with other co-sharers. It is also the case of the petitioner that opposite parties 1-3 purchased 0.200 acre of land and three annas......me Bench on a review petition filed by the respondent on 16-8-94. It is submitted by Mr. Ahmed that by this order dated 16-8-94 only the judgment delivered by the Bench on 26-6-94 was set aside and recalled but not the order accepting additional evidence. From the order dated 16-8-94 it appears that......he deeds the petitioner deposited the statutory amount of Taka 1,31,000.00 along with 5% compensation and prayed for pre-emption under section 24 of the Non-Agricultural Tenancy Act. 3. Before the trial Court appellant Alhaj Md. Khalilur Rahman Miah and opposite party No.2 Abdul Matin Miah entere......so Reported in: 50 DLR (HCD) (1998) 311. ..

Category: Property Law | Date: | Hits: 113

Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)

....-For the Opposite Parties. Civil Revision No.7805 of 1991. Judgment Kazi AT Manowaruddin J.- This Rule directed against the judgment and decree dated 11-7-91 passed by the District Judge, Jessore, in Title Appeal No.36 of 1989 dismissing the appeal and affirming the judgment and decree date......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......tained in the plaint, stating further that the aforesaid gifts were validly made, the possession was duly delivered and the gifted properties were mutated in the name of the donees. 5. The learned trial Court on consideration of the evidence and other materials on record dismissed the suit holdin....... Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ..

Category: Property Law | Date: | Hits: 85

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....ed as an Advocate by the Bar Council on 22-12-1969. Thereafter he was enrolled as an Advocate of the Supreme Court of Bangladesh in the year 1972 and became a Member of Bangladesh Supreme Court Bar Association in the year 1986. He was appointed as Additional Government Pleader for Dhaka District on ...... procedures laid down by the administrative orders of the Government from time to time in order to conduct the Government cases in civil, criminal and revenul matters and, as such, the same cannot be called ‘law' or the same have got the force of law. 10. Clause 9 of Chapter II of the LR Manual......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......Mozammel Hoque J Md. Abdul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others…………â..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

...............Respondents (In Writ Petition No. 5313 of 1996) Judgment January 28, 1997. Result: The Rules issued in two Writ Petitions are discharged. Cases Referred to- State Vs. Dosso, 11 DLR (SC) 1; TB Co-operative Society Vs. Chief Commissioner of Monipur, AIR 1969 (Moni) 84; St......artial Law Orders, the Constitution of Bangladesh would continue to remain in force. On 26th of September, 1975 Khondaker Moshtaque Ahmed as President of Bangladesh promulgated an Ordinance which was called ‘Indemnity Ordinance No.50 of 1975 and by that Ordinance indemnity was granted to all those...... were taken away by a group of army people without any sanction of law. In our ordinary laws, namely, the Penal Code or Army Act and in some other laws life of a person can be taken away by holding a trial in accordance with law. But in the morning of 15th August, 1975 the President along with his f...... Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petition N..

Category: Criminal Law | Date: | Hits: 202

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

.... the plaint. They are full brothers. The plaintiff joined in service in 1956. On the other hand, the defendant joined in 1972. Their father served in a Sub-Registrar’s office. He had two wives, two sons and two daughters by his first wife and one son and two daughters by his second wife. He was a ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......o be dismissed. 4. The plaintiff examined 10 witnesses and the defendant examined witnesses and both the parties produced some documentary evidence in support of their respective claims. 5. The trial Court by its judgment and decree dated 14‑1‑1998 decreed the suit. Then the defendant pref...... Vs. Md. Majibullah…………………………………….Opposite Party Judgment July 16, 2002. Result: The Rule is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Baje..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....ity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawful authority and void and that the Execut...... VII rule 11 (d) of the Code of Civil Procedure. 2. The opposite parties in the instant revision case being the Secretary of Mohammadia Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka again...... statute, provided for a forum to redress grievances, if any, and when the decision of that forum was "final under section 188, Civil Court’s jurisdiction stood ousted by necessary implication. The trial Court upheld this contention and dismissed the suit, but the High Court in appeal took a diffe...... The Rule is discharged. Cases Referred to- Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Siper Mustofa,..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

.... Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is made absolute. Cases Referred to- Abdul Mannan & Ors Vs. Kulada Ranjan Mowali & Ors. 31 DLR (...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......d to Nazar Ali on 30‑4‑74 and that after the death of Nazar Ali his heirs sold the entire land on 4‑5‑76 to the opposite party Nos.1 and 2 and delivered possession of the suit land. 4. The trial Court decreed the suit and on appeal the suit was dismissed by the appellate Court below by th......igh Court Division (Civil Appellate Jurisdiction) Present: Mohammad Fazlul Karim J Abdul Goni Kha.........................................Petitioner Vs. Md. Abdul Aziz Azizur Rahman and ors.................Opposite Parties Judgment August 27, 1996 Result: The Rule is ma..

Category: Property Law | Date: | Hits: 114

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....) appellant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run cons......ination he denied the defence suggestion that the arms and ammunition kept in the court were not recovered and seized from the grocery shop. He could not say wherefrom the seizure list witnesses were called and whether the shop owner was asked any question regarding the seized arms. 5. P.W.4 Kamr......ee appellants namely, Talebur Rahman alias Taleb, Abdul Matin and SM Habibullah Hablu alias Hablu under section 19A and 19(f) of the Arms Act and on submission of the charge sheet they were placed on trial before the Special Tribunal Judge, Court No.17, Dhaka in Special Tribunal Case No.389 of 1992....... Reported in: 49 DLR (HD) (1997) 167. ..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....der dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of 1991 convicting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer impris......the prosecution has been able to prove the case beyond all reasonable doubt. He has submitted that P.Ws.1, 2 and 5 are the most competent and natural witnesses in a case like this when the victim was called away from the house at 10‑00 PM of the night with no chance of other persons witnessing the......ormation report with PS Damuddya at 12‑15 PM on 16‑11‑90. On compilation of investigation and on receipt of the post‑mortem report, the two appellants and seven other persons were sent up for trial under section 302/34/201 of the Penal Code. The two appellants and seven others accused person......is also Reported in: 49 DLR (HD) (1997)163. ..

Category: Criminal Law | Date: | Hits: 85

Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)

....ara­tion of title in suit land. The trial Court dismissed the suit, against which Title appeal No.522 of 2003 is pending for hearing. The petitioner by the Transfer Miscellaneous Case No.930 of 2008 sought such transfer of the appeal, which was rejected by the impugned order. Hence the Rule. 3. ......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......jurisdiction. 2. Material facts are that plaintiffs instituted a Title Suit No.50 of 2002 in the Court of Joint District Judge, Dhaka against defendant for declara­tion of title in suit land. The trial Court dismissed the suit, against which Title appeal No.522 of 2003 is pending for hearing. Th...... ..

Category: Procedural Law | Date: | Hits: 108

Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

....cial Judge, Barisal in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rig­orous imprisonment for one year......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......et No.211 dated 30-12-2008 against the accused-appellant and other under sections 161/165(ka)/109 of the Penal Code read with section 5(2) of the Prevention of Corruption Act, 1947. 4. The learned trial Court on 23-3-2009 framed charge against the accused-appellant under sections 161/109 of the P......s Case is also Reported in: 63 DLR (HD) (2011) 294...

Category: Criminal Law | Date: | Hits: 142

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....to the learned Counsel, the action was mala fide, lacked transparency causing exposure to counterfeiting of stamp and band, loss of national revenue and undermining the rule law. Mr. Tawfique Nawaz also submitted that respondent Nos.1‑7 acted without lawful authority within the scope of Article 10......ed to respondent No.8. He has further submitted that respondent No.7 admitted in his affidavit-in­-opposition that the statements made in paragraph 11 of the writ petition are statements of fact and called for no comment and thus, according to the learned Counsel, it is evident that respondent No.7......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......h Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Result: ..

Category: Others | Date: | Hits: 174

Dr. Abida Sultana Bhuiyan Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others, 2003, 32 CLC (AD)

....t of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents Judgment March 4, 2003. Result: The Rule is made absolute. Lawyers Involved: Rokanuddin Mahmud with Md. Asaduzzaman—For the Petitioner. Moha......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......in Mahmud pointed out that whether the detenu had in his possession any illegal arms like a revolver that has to be proved before the Court trying the offence under Arms Act and ultimately, after the trial the consequence will follow. Therefore, the pendency of a case for alleged recovery of illegal...... Md. Awlad Ali J Mir Hashmat Ali J Dr. Abida Sultana Bhuiyan...............................Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents Judgment March 4, 2003. Re..

Category: Criminal Law | Date: | Hits: 104

Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)

....remises to serve the summons of the respective suit, but since the defendant refused to accept the process server served the same by hanging. Besides, the service of summons by hanging the same was also served by registered post as the postal peon returned the same with the endorsement 'refused'. As...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......So far as the findings of the courts below as regard the service of summons by the process server. Mr. Islam found it difficult to assail the same with reference to the materials on record. Since the trial Court on consideration of the evidence on record, both oral and documentary, came to the defin......are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..

Category: Procedural Law | Date: | Hits: 100

Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)

....h Court Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The......ared, and a copy thereof shall be delivered to such person at his request. (5) Any person who, without reasonable cause, refuses or neglects to attend and witness a search under this section, when called upon to do so by an order in writing delivered or tendered to him, shall be deemed to have co......ase No.3 of 2007 in the Court of Cognizance Court (Ka) Anchal, Satkhira under section 516A of the Code of Criminal Procedure for seeking, custody of the goods pending the conclusion of the inquiry or trial to the petition­er. Thereafter, the concerned Magistrate sought report from the respondent No......rt Division (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J SM Emdadul Hoque J Insab Ali (Md.)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule..

Category: Criminal Law | Date: | Hits: 94

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawyers In......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......cellaneous appeal, on transfer was disposed of by the learned Additional District Judge, 2nd Court, Dhaka, who after hearing the parties dismissed the appeal affirming the judg­ment and order of the trial Court. Against the said judgment and order the instant Civil Revision has been prepared. 6.......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Abdul Awal J FRM Nazmul Ahasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: ..

Category: Civil Law | Date: | Hits: 229

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

....ising out of Trisal PS case 8 dated 19‑12‑1990 GR 102(2)90 under sections 302/34 Penal Code, convicting appellants Mokbul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Pr......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......bul Hossain, Atiqul Islam, and another Rasmat Ali and sentencing them to imprisonment for life and also to pay fine of Taka 5000 in default to suffer RI for 1 year more. 2. Prosecution case at the trial, in brief, was that on 16‑12‑1990. Informant Saidul Islam and his elder brother deceased A...... Ed. This Case is also Reported in: 55 DLR (2003) 396. ..

Category: Criminal Law | Date: | Hits: 103

Yasinullah Vs. State, 2003, 32 CLC (HCD)

....rders passed as to this Court may seem fit and proper. 2. The prosecution story, in brief, is that one Entajullah as informant lodged a First informant Report with the local police station against some accused on 21‑2‑1999 alleging inter alia, that the accused persons are dangerous and desper......the Police reports he would accept after considering the entire circumstances and facts of the case. The Rule is accordingly discharged. Ed. This Case is also Reported in: 55 DLR (2003) 393. ......pondents was unwarranted and cannot be sustained in law and the question of quashing of the GR Case did arise as the case had not yet come up before the Special Magistrate or the Special Tribunal for trial upon taking cognizance. In the case of Nasiruddin Mahmud and others Vs. Momtazuddin Ahmed and ......…………………..Respondents Judgment January 6, 2003. Result: The Rule is discharged. Cases Referred to- Md. Golam Mortuza Vs. State, 28 DLR 115; Ali Akkas Vs. Enayet Hossain and others, 1997 BLD (AD) 44=2, BLC (AD) 16; Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD) 69; Mobashwi..

Category: Criminal Law | Date: | Hits: 86

Shahnaj Begum Munni Vs. State and another, 2011, 40 CLC (HCD)

....m Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Rezaul Karim, Advocates - For the Petiti......he Act, the account has to be maintained by the drawer of the cheque. The expression 'draw­er' is defined in section 7 of the Act. As per that sec­tion, the maker of a bill of exchange or cheque is called the drawer. 9. Coming back to the instant case, the Account No.026112011913 with Al-Arafah...... the Metropolitan Sessions Judge, Chittagong are quashed. Let a copy of this judgment be immediately transmitted to the Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 279.......rt Division (Criminal Miscellaneous Jurisdiction) Present: Moyeenul Islam Chowdhury J Md. Nazrul Islam Talukder J Shahnaj Begum Munni……………………Petitioner Vs. State and another……………………Opposite-parties Judgment May 12, 2011. Result: The R..

Category: Criminal Law | Date: | Hits: 120