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Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)

.... Court of Munsif, Dhaka against the de­fendant petitioner Juman Mia for his ejectment from the suit premises. It was stated that the tenancy commenced from the 1st Falgoon, 1362 B.S. The tenancy was admittedly for a manufac­turing purpose. The plaintiff opposite party served a notice upon the defe......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ..

Category: Property Law | Date: | Hits: 73

Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)

....J Shaikh Obaidul Haq………………………Petitioner Vs. The State & another………………………Opposite Parties Judgment February 20, 1986. Result: The Rule is made absolute. Cases Referred to- Md. Anwar Ali and Md. Liaquat Ali Vs. State & Md. Nezamud......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......tion 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the order of the Additional Sessions Judge, 2nd Court, Dhaka in Criminal Revision No.316 of 1983 under s......n 420 of the Penal Code now pending in the Court of Chief Metropoli­tan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..

Category: Criminal Law | Date: | Hits: 67

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....d. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ......ause why the detention of Jamaluddin Ahmed alias Jamal Ahmed now being, detained in the Chittagong Jail should not be declared illegal and why he should not be set at liberty or such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenue Jamaluddin Ahmed ......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)

....ourt Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Banglad......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ...... of Land Administration and Land Reforms informing all concerned ministries and authorities to release acquired lands left unused beyond a justifiable time. The said policy was further affirmed by an order contained in Memo No.DA‑72/84/726‑Acqn dated 9‑12‑84 issued by Ministry of Land Admini......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..

Category: Property Law | Date: | Hits: 67

Hasan Malik (Md.) @ Titu Vs. State, 2009, 38 CLC (HCD)

.... pay a fine of Taka 50,000 in default to suffer rigorous imprisonment for 2 (two) years more there under. 2. The prosecution case is that while Shahera Khatoon (12), daughter of Ms. Amena Khatoon had been working as a maid in the two-storied house of accused Md. Hasan Malik @ Titu for 3/4 years, ......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ......n, Assistant Attorney General with Md. Nur Nabi, Advocate — For the State. Criminal Appeal No. 2442 of 2008. Judgment Md. Azizul Haque J. - This appeal is directed against the judgment and order dated 8-4-2008 passed by the Sessions Judge, Narayanganj in Session Case No. 987 of 2006 convi......the Penal Code. He is set at liberty forthwith if not wanted in any other connection. Send down the lower Court records accordingly. Ed. This Case is also Reported in: 61DLR (HCD (2009) 303. ..

Category: Criminal Law | Date: | Hits: 91

Amena Begum Vs. Md. Ruhul Amin and others, 2008, 37 CLC (HCD)

....mena Begum…………………………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — Fo......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ......……………………………Petitioner Vs. Md. Ruhul Amin and others………………Opposite Parties Judgment November 26, 2008. Result: The Rule is made absolute without any order as to cost. Lawyers Involved: Md. Akteruzzaman, Advocate — For the Petitioner. No o......ith law. Office is directed to communicate the order at once with a copy of judgment for information and taking necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 301. ..

Category: Procedural Law | Date: | Hits: 133

Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)

.... Rin Adalat & others………………………………..Respondents Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; ......legally justified in rejecting the application filed by the petitioner hold­ing that- "the cause of action of a suit is a bundle of facts and the plaint contains so. It can not be decided at this interim stage." Thus, we find no merit in this Rule. Accordingly, the Rule is discharged. H......itioner. Imam Hasan, Advocate - For respondent No.2. Writ Petition No.3811 of 2006. Judgment Zinat Ara J.- In this writ petition, the petition­er called in question the legality of the order No.18 dated 20-4-2006 passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..

Category: Civil Law | Date: | Hits: 176

Bela alias Bala & another Vs. State, 2011, 40 CLC (HCD)

....alias Bala & another…………………………..Accused-Petitioners Vs. State………………………………Opposite Party Judgment March 10, 2011. Result: The Rule is made absolute. Even in a murder case bail cannot be withheld as punishment. It may be allowed in ......has committed an offence punishable with death or imprisonment for life. If he is granted bail the ultimate conviction of accused after conclu­sion of his trial can repair the wrong done by grant of interim bail to him but no satisfactory reparation can be afforded to him for his unjustified detent......g with 7/8 others stealthily entered into the dwelling hut of informant by lurking house trespassers following their internal feud. They assaulted the inmates by different weapons. Accused No.2 Masud ordered to kill informant, while accused No.1 Bela alias Bala dealt chenny blow pointing her head ca......e petitioners if they misuse the privilege of bail in any manner whatso­ever. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 85. ..

Category: Criminal Law | Date: | Hits: 95

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....e Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Res....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......f the Republic, including the matters provided for in Part IX and the award of penalties or punishments. Article 117(2), on the other hand, debarred any Court to entertain any proceedings or make any order in respect of any matter falling within the jurisdiction of such tribu­nal. Under Article 152....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..

Category: Administrative Law | Date: | Hits: 455

Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....sion (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. Resul......s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......labi, Dhaka (Annexures- 'C', 'D', 'E' and 'F' respective­ly). 3. In Writ Petition No.7012 of 2003 the Rule Nisi was issued calling upon the respondents to show cause as to why the impugned notice/order orally published/served upon the petitioner by beat­ing drum on 15-11-2003 asking the petitio......s from the places wherein their homesteads are situat­ed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..

Category: Property Law | Date: | Hits: 89

Dr. Md. Habibullah Vs. Additional Secretary and Member (Appeal and Revision) and others, 2007, 36 CLC (HCD)

..... Habibullah……………………Petitioner Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved:  Tanjibul Alam with Abu Khal......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ......€¦â€¦â€¦â€¦Petitioner Vs. Additional Secretary and Member (Appeal and Revision) and others………..Respondents Judgment May 15, 2007. Result: The Rule is made absolute without any order as to cost. Lawyers Involved:  Tanjibul Alam with Abu Khaled Al Mamun, Advocates â€......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively. Communicate at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 704. ..

Category: Administrative Law | Date: | Hits: 491

Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)

....e Rule is discharged. The Negotiable Instrument Act, 1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………â......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......eplied to that notice, stating that he has lost some leaves of his cheque book and a non judicial stamp of Tk. 150/-. Hence the case. 3. On receipt of the complaint, the learned Magistrate, by the order dated 21.08.2003 took cognizance of the offence under section 138 of the Act against the petit......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..

Category: Criminal Law | Date: | Hits: 103

Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)

....ance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......e No.545 of 2003 under sections 500/501/502 of the Penal Code now pending in the Court of learned Magistrate, 1st Class, 'Ka' Anchal, Chuadanga should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts, in short, are that on 19.10.2......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..

Category: Criminal Law | Date: | Hits: 81

Sylhet Pulp & Paper Mills Ltd. Vs. Chairman, Second Labour Court, Katalganj, Chittagong and others, 2006, 35 CLC (HCD)

....Director……………Petitioner Vs. The Chairman, Second Labour Court, Katalganj, Chittagong and others…………….Respondents Judgment February 22, 2006. Result: The Rule is made absolute. Cases Referred to- Chittagong Chemical Complex Vs. Chairman Labour Court and an...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ......or the respondents. Writ Petition No. 3119 of 2000. Judgment Afzal Hossain Ahmed J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the ex parte judgment and order dated 27.01.2000 passed by the learned Chairman of Second Labour Court, Chittagong (respondent...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 275. ..

Category: Labour and Industrial Law | Date: | Hits: 190

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....charged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......gment Kazi Ebadul Hoque J. - Rule in Writ Petition No.2122 of 1994 was issued at the instance of the petitioner Jiban Kumar Barman calling upon the respondents to show cause as to why the impugned order dated 15‑11‑94 (Annexure‑H) issued by the respondent No.1 rejecting petitioner's nominat......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Election Law | Date: | Hits: 600

Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)

.... Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ...... was issued on 9-1-83 at the instance of the four accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin calling upon the Deputy Commissioner, Chittagong to show cause why the order of con­viction and sentence passed by Mr. S. M. Serajul Moula, Member, Appellate Tribunal, Ch......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..

Category: Criminal Law | Date: | Hits: 103

Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)

....ported in:38 DLR (HCD) (1986) 82. ......This Rule is ac­cordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......­pondent No.1.  Md. Nawab Ali - For the State.  Criminal Appeal No. 341 of 1982 Judgment Amin-Ur-Rahman Khan J.- This appeal by the complainant-appellant is directed against the order of acquittal passed under section 258 (f) of the Code of Criminal Procedure by Mr. S. A. Khan,......This Rule is ac­cordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..

Category: Criminal Law | Date: | Hits: 104

Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)

....dge, of which he is supposed to be cognizant. . . the burden denotes the duty of establishing by a fair preponderance of the evidence the truth of the operative facts upon which the issue at hand is made to turn to be substantive law…………………………(18) The established principle of......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......iple of law as regard the burden of proof lies on the party who substantially asserts the affirmative of the issue and not upon the party who denies. The party on whom the onus of proof lies must, in order to succeed, prove by the reliable evidence. He cannot, on failure to do so, take advantage of ......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..

Category: Criminal Law | Date: | Hits: 74

Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....rt Division (Special original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J Elias Brothers (Md.)(Pvt.) Limited and another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5, 2010. Result: ......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......ught to the notice of the Court, it takes effect automatically after expiry of the statutory period mentioned in section 7(4) of the Ordinance......................(26) The passing of judgment and order in Writ Petition is per incuriam when the provision of section 12(1) was totally ignored and i......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..

Category: Civil Law | Date: | Hits: 170

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

....e above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ......s. J. K. Paul, Advocate-For respondent 2. Writ Petition No. 3403 of 2012. Judgment Md. Ruhul Quddus J.-This Rule at the instance of eight freedom fighters was issued challenging an office order of the Ministry of Liberation War Affairs as contained in Memo No.Mu:Bi:Ma:/Pro-1/Bivid-34/200...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: | Hits: 104