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

.... created 9(nine) forged documents in collusion with the petitioner No.2 in order to cheat the general public. Thereafter with the help and aid of the petitioner No.3, Senior Transport Superintendent, Bangladesh Television got those attested by officers of Bangladesh Television. 3. The Bureau of A......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. ......on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “with the registrar, Joint stock Companies. Thereafter he filed an application with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern ......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

Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)

....hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......chased in the benami of another person. 3. Suit was contested by the defendant Nos.1-6, 7,10,11,17 to 19 by filing separate written statements except defendant No.17-19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..

Category: Civil Law | Date: | Hits: 86

Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)

....jute and deposited the entire sale proceed of Taka 4, 28, 000.00 in excess of the loan he took which was a sum of Taka 3, 96,350.00. But the bank claimed amount on account of interest. On 7‑10‑91 Bangladesh Bank issued a circular to facilitate payment of loan against whom no suit was pending for......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election. 2. The opposite party 1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against the petitioner and opposite party Nos.2‑8 for decla......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..

Category: Election Law | Date: | Hits: 148

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

....adrul 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…………….Respondents Judgment July 27, 1978. Result: The ap......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. ......igh Court wherein the detenu's challenge to his order of detention passed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Powers Rules 1975 failed. Facts need to be stated for disposal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca Unive......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

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

....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. ......to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 20......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)

....Respondent 1 Crete Construction Company Ltd., instituted Money Suit No.142 of 1976 in the 3rd Court of Sub-ordinate Judge, Chittagong against the Appellants and Respondent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employe...... 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. ......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ...... 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

Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)

....her................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed Vs. Government of Bangladesh, BLD (1988) 157= 40 DLR 18; Government of East Pakistan Vs. Roushan Bijaya Shaukat Ali Kh......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ment Habibur Rahman Khan J.- The writ petition under Article 102(2)(b)(i) of the Constitu­tion of the People's Republic of Bangladesh has been filed by one Mosammat Siria Begum seeking an or­der for the release of her husband Md. Ofazuddin De­wan from detention. 2. On the application of th......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..

Category: Criminal Law | Date: | Hits: 66

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

....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. .......3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite parties as plaintiffs filed Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for de­claring customary right of user of the suit water res­ervoir by easement by long user......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

Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)

....ommission & others............................Opposite Parties Judgment December 15, 1988. Result: The Rule is discharged. Case Referred to- Master Shamsul Hoq Vs. Republic of Bangladesh, Writ Petition No.637 of 1988. Lawyers Involved: Abu Taher Chowdhury with Tofazzal ......rdingly, the Rule is discharged without, howev­er, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......ice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling sta­tion, only for the office of the members, should not be declared to have been issued without lawful au­thority......rdingly, the Rule is discharged without, howev­er, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ..

Category: Election Law | Date: | Hits: 161

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

....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 Development & Co-operative ...... 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.......86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any law­ful authority and to be of no legal effect. 2. The petitioner with others formed a co­operative society under the name and style of "Mirpur Shaheed Sriti Market Babashayee B...... 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

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

....l Islam, Advocate - For the Respondents. Writ Petition No. 363 of 1987. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the re­spondents to show cause why the judgment and order dated 11.3.87 passe......pugned order is, therefore, without jurisdiction. 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) 203. ......nst the Project Manager, Bangla­desh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and order dated 25.5.8......pugned order is, therefore, without jurisdiction. 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) 203. ..

Category: Labour and Industrial Law | Date: | Hits: 192

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

....y, 604; Bhaisankar Nanabhat Vs. The Munici­pal Corporation of Bombay and Others, PLD 1949 Lahore 301; Mian Sultan Ali Manghiana Vs. Mian Nur Hussain, 39 DLR 451; Syed Shah Moham­mad Osman Ghani Vs. Bangladesh, Secy. M/O. Public Works & Urban & others, AIR 1937 Allahabad 365; Nawal Kishore ......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. ......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah in­stituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi......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

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....neral, Advocate - For the Re­spondents. Writ Petition No. 316 of 1986. Judgment Mustafa Kamal J.- This Rule Nisi ob­tained under Article 102 of the Constitution of the People's Republic of Bangladesh calls upon the re­spondents to show cause as to why the impugned notification dated 28.4......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......o. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house, paying rents and taxes to the Gov......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ..

Category: Property Law | Date: | Hits: 171

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

....assed by the Chief Metropoli­tan Magistrate, Dhaka in Case No. 454/A-1 of 1980 by which order the Metropolitan Magistrate rejected the application of the petitioner under sections 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masih......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. ......ns 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior Advo­cate of this Court, filed a petition of complaint be­fore the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating th......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

Abdul Majid Molla Vs. The Election Commission, Dhaka & others, 1989, 18 CLC (HCD)

....t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ......ithout lawful authority and to be of no legal effect and why the said respondent No.1 shall not be directed to cancel, rescind or withdraw the same. 2. The petitioner alleges that the poll at the aforesaid Chouhat Primary School centre was peace­ful and the Presiding Officer in due course counte......t any order as to costs. This judgment, however, will not prejudice the rights and remedies of the respondents in any other forum. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 178. ..

Category: Election Law | Date: | Hits: 167

Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)

....is also Reported in: VIII ADC (2011) 1008. ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. A J Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1250 of 2010. (From the judgment and order dated 22.4.2010 passed by the ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ..

Category: Employment/Service Law | Date: | Hits: 133

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

....e Court High Court Division (Civil Appellate 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……………...... 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. ......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda...... 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

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

....ion) 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...............Opposite Parties Judgment August 28, 1988. Result: ......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. ......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited Ban­gladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ......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)

.... 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 People's Republic of Bangladesh filed by the petitioner, a Rule Nisi was issued calling upon the Respondents to show caus......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. ......ents to show cause why detenu Yunus Ali Mintu, son of Nazir Uddin @ Nasir Uddin of College Road, Ishwardi, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may sat­isfy itself that the detenu is not being held in custo­dy witho......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

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....l No. 3, Cox's Bazar and he preferred the appeal out of time by 551 days. In respect of other appeals, the superintendents of jail have communicated the petitions of appeal along with printed forms, (Bangladesh Jail Form No. 27) which contains the name of the convict, the offence, the date of senten......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee......for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495...

Category: Criminal Law | Date: | Hits: 73