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A Rouf Chowdhury and another Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....84. The RAJUK is a statutory public authority within the meaning of the Constitution. It is entrusted with enormous powers to regulate construction of buildings in the Metropolitan City. On the other hand, the people are guaranteed with “the protection of law, and to be treated in accordance with ......ted that whoever desires to make a high rise building in and around the old Airport, must take clearance first from the Civil Aviation Authorities. 22. The Secretary, the Ministry of Defence, the Government of Bangladesh got himself added as respondent 5 and opposed the Rule by filing a separate ......n view of our decision, the order issued earlier directing the parties to maintain status quo in respect of construction is hereby vacated. Ed. This case is also Reported in: 52 DLR (2000) 461. ..Category: Property Law | Date: | Hits: 125
Osena Begum alias Babuler Ma and another Vs. State, 2003, 32 CLC (HCD)
....usband Babul and his mother about the dowry. At one stage, being angry acid was thrown on her. Entire body from neck to waist was burned by acid. Acid also fell on the left side of her chest and both hands. They also told him that immediately after occurrence, both the accused took the victim to Bra......her condition was very critical, he referred her to the emergency department of Brahmanbaria Sadar Hospital the very same day. He also issued discharge certificate from the Health Complex and handed over the victim to the police. 9. PW 4 Md. Nazrul Islam testified that he completed Masters. On 2......r case. Let a copy of this judgment be sent to the learned Additional Sessions Judge for his guidance. Send down the records at once. Ed. This Case is also Reported in: 55 DLR (2003) 299. ..Category: Criminal Law | Date: | Hits: 49
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
.... Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......ctor-General of Police, Spl. Branch, Rajarbagh, Dacca. 5. The Officer-in-Charge, Mohammadpur, P. S. Dacca………….....Respondents Judgment September 17, 1974. Cases Referred to- Government of West Pakistan and another Vs. Begum Agha Abdul Karim Shorish Kashmiri 21 DLR (SC) 1—P......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ..Category: Constitutional Law | Date: | Hits: 291
Zafela Begum and others Vs. Atikulla and others, 2011, 40 CLC (AD)
....cuted by the plaintiffs predecessor. 7. There is no dispute that both the parties are heirs of Imam Bux and the plaintiffs are claiming title as heirs of Wazuddin, son of Syed Ali and on the other hand, the defendants are claiming title as heirs of Abdul Majid, son of Sayed Ali. Admittedly Imam B......55 acre of land from plot Nos. 29, 30, 31, and .14 acre of land from plot No. 115 to his brother Abdul Majid who is possessing the said land. Abdul Majid died leaving the defendant Nos. 1 to 10. Moreover, defendant No.2 Akitullah and Siratunnessa have also auctioned purchased part of the suit land.......l is allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 46, 31 BLD(AD) (2011) 111, 8 LG (AD) (2011) 133, 16 MLR (AD) (2011) 216, VIII ADC (2011) 907. ..Category: Property Law | Date: | Hits: 127
Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)
....ned. 5. At the trial prosecution examined 18 PWs Pw1 informant Nazrul Islam PW 2 Abdul Gani Sikder, PW 3 Sukur Ahmed, PW 4 OC SM Zafar Ali, PW 5 constable Altaf Hossain, PW 6 Alamgir, PW 8 Sharat Chandra Mondal, PW 9 Md. Shahjahan, PW 10 Md. Serajul Hoque, PW 11 Dr. Farid Ahmed, PW 12 Noor Md. Kh......09 Penal Code. He argues that similarly, accused appellants Sahabuddin and Alam Kabiraj cannot also be made liable under sections 302/34 as they did not go into direct operation as to do any positive overt act except that they were forced to remain standing with cloths of others during occurrence as...... Sarder and Bashir Sarder @ Bashar accordingly, directed to be set at liberty if not connected with any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 273. ..Category: Criminal Law | Date: | Hits: 42
Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....ection 3 of (Emergency) Requisition of Property Act 1948 and directed the predecessor of the petitioner to deliver possession and accordingly, the possession of the suit land measuring 0.42 acres was handed over in 1960; the requiring body i.e. the added respondent No. 3 of Writ Petition No. 42 of 1......upreme Court High Court Division (Civil Appellate Jurisdiction) Present: Md. Fazlul Haque J NK Chakravartty J Hossain Khan (Md.) and others……………….Petitioners Vs. Government of Bangladesh & others…………….Respondents Judgment December 4, 2001. ......Rule No. 250(FM) of 2001 is also made absolute. Having regard to the facts and circumstances of the case we make no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 264. ..Category: Property Law | Date: | Hits: 95
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....is context it may be stated here that there is nothing on record to show that the complainant ever received any notice about the date fixed by the learned Additional District Magistrate. On the other hand it appears from the LC record that the complainant was all along present before the court of le......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ......learned District Magistrate, Manikganj with a copy of Judgment for disposal of the case by a competent Magistrate for disposal of the case. Ed. This Case is also Reported in: 52 DLR (2000) 394. ..Category: Criminal Law | Date: | Hits: 44
Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)
....High Court Division (Criminal Miscellaneous Jurisdiction) Present: Md. Hamidul Haque J Md. Abdul Quddus J Mazharul Huq Quraishi and others……………..Petitioner Vs. Hari Chandrs Hrishi and another…………….Opposite Parties Judgment May 25, 2000. Case Refer...... bonds. The bonds were left with the petition writer and creditor Mukha Shaha went to SR Office to register another document. Meanwhile Nowab and Fateh Haider asked petition writer Amir Singh to hand over the bonds as Mukha Shah wanted them to see, although Mukha Shaha gave them no such authority. O...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ..Category: Criminal Law | Date: | Hits: 42
District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)
....ions that the Memo No. 299 dated 11.4.1994 passed by the defendant No.1 cancelling the license of the plaintiff as a nikah registrar, the Memo No. 291/1(4) of the same date directing the plaintiff to hand over the records, seals and other documents to the defendant No.3 and the Memo No.534 dated 17.......that the Memo No. 299 dated 11.4.1994 passed by the defendant No.1 cancelling the license of the plaintiff as a nikah registrar, the Memo No. 291/1(4) of the same date directing the plaintiff to hand over the records, seals and other documents to the defendant No.3 and the Memo No.534 dated 17.4.199...... of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 26. ..Category: Civil Law | Date: | Hits: 106
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....de out against them under sections 302/34 of the Penal Code. 29. In cross-examination, he deposed that he did not show the jujube tree in the sketch map and stated that some people of the locality handed over accused Fazilumnessa in the police station and that the place of occurrence was about 7 ...... for trial. 7. Charge was framed against accused Saiful Islam and Fazilutennessa under sections 302/34 of the Penal Code. Accused Saifal Islam had been absconding and, as such, the charge was read over to Fazilutennessa who pleaded innocence and claimed to be tried. 8. To bring home culpabilit...... maintained with the modification of the sentence of condemned prisoner Fazilutennessa as stated above. Lower Court record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 376. ..Category: Criminal Law | Date: | Hits: 84
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....40 DLR (AD) 23. Lawyers involved: Khondker Mahbubuddin Ahmed with Mainul Islam Chowdhury, Advocates-For the Petitioner. Farah Mahbub, Assistant Attorney-General-For the Respondent No. 1. Khandker Mahbub Hossain with Abdur Rahman, Advocates-For Respondent No. 2. Writ Petition No. 3308 ......(Special Original Jurisdiction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Case......annot now exercise its powers under Article 8 of the Order. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 366. ..Category: Business or Commercial Law | Date: | Hits: 194
Virginia Tobacco Company (BD) Ltd. Vs. Registrar of Trade Marks and another, 2000, 29 CLC (HCD)
....and this renders the impugned judgment a nullity on the ground of non-application of judicial mind. 6. Mr. Mohammad Ohiullah, the learned Advocate appearing for the respondent No. 2 , on the other hand, submits that although the respondent No. 2 did not file any objection at the initial stage aga......registration of the trade mark and since registration the appellant are in the manufacture of the product and its product gained much popularity in the market. It has further been contended that the Government of Bangladesh has imposed ban of the State Express 555 Cigarettes manufactured by the resp......ing heard to the parties and the parties will be at liberty to adduce further evidence if they want. There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 362. ..Category: Intellectual Property Law | Date: | Hits: 226
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
....uch order which is necessary to stop harassment of the petitioner by filing successive false criminal cases in order to detain him in custody. 6. Mr. Abdul Malek, the learned Counsel, on the other hand, contended that the harassment in criminal cases cannot be remedied by exercising inherent powe......LD 1974 Lahore 256. Lawyers involved: Rafique‑ul Huq with Rokanuddin Mahmud, Faheemul Huq and Aneek R Haque, Advocates-For the Petitioner. Abdul Malek, Advocate-Specially appointed by the Government. Syed Abu Kowser Deputy Attorney-General-For the State. Criminal Miscellaneous Case ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..Category: Criminal Law | Date: | Hits: 60
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117; Aftabur Rahman @ Jongi Vs. State, 45 DLR 593, Khandkar Mustaque Ahmed Vs. Bangladesh, 34 DLR (AD) 222, Lakshmanrao Vs. Judicial Magistrate, 1st Cla......ose orders, the learned Magistrate did not assign any reason and made laconic orders observing "প্রার্থনা মঞ্জুর" No counter-affidavit has been filed by the State controverting the statements made in the petitions. Learned Additional Attorney-General has not disputed ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)
....dha approached the house of Hashem Ali Molla (PW36) and demanded money and offered condition that Fatik would be recovered in the event of payment of money. b) Abdus Sabur was suspected and he was handed over to police. First Information Report was lodged by PW1 Informant on 9‑4‑1998. c) A...... and she was favoured with a verdict acquittal, and (e) Accused Noor Alam, an accomplice and bodyguard of accused Ershad Ali Sikder, who made confessional statement and stood in witness box as approver. PW6 was exonerated of charge of sections 302/201 and 34 of the Penal Code and was graced with ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..Category: Criminal Law | Date: | Hits: 69
Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)
....d others Vs. Tajul Islam, 38 DLR 134 and Ramji Ram and others Vs. Saligram, 14 CWN 248. Lawyers Involved: Muhmudul Islam with Probir Neogi, Advocates For the Appellants. Fazlul Karim with Khandakar Aminul Islam, Advocates‑For Respondent No.1. First Miscellaneous Appeal No. 28 of 2002......rom such application. Lastly, he submitted that the learned Joint District Judge most illegally appointed a receiver of the suit property and such order was against the established principles of law governing appointment of a receiver in a partition suit. In support, he cited the cases of Faiz Ahmed......7‑2001 the plaintiffs made an application under Order XL rule 1 (a) read with section 151 of the Code of Civil Procedure for appointment of a receiver for maintenance, preservation, protection and management of the suit property as described in schedules A to E and also for collection of rents an..Category: Property Law | Date: | Hits: 69
Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)
....ing would lie and, as such, the proceeding being an abuse of the process of the law and Court is liable to be quashed. 4. The learned Advocate for the opposite party No.2 complainant, on the other hand submits that though there was business transaction in between the accused‑petitioner and the ...... agreement/contract dated 5‑5‑1999 and that the offence if any, is of civil liability for which no criminal proceeding would lie. The learned Advocate for the opposite party No.2 complainant controverted this contention of the learned Advocate for the accused‑petitioner stating that the accuse......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..Category: Criminal Law | Date: | Hits: 38
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....Report and sprouted during trial may be taken heed of. Father of prosecutrix Ratna Rani Achariya in connection with his service went to Oman and kept Prosecutrix under care and custody of Dr. Anukul Chandra Achariya, father of accused-appellant. Prosecutrix kept residing in house of Dr. Anukul Chand......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...Category: Criminal Law | Date: | Hits: 64
Abu Talukder Vs. State, 1999, 28 CLC (HCD)
...., Aziz Talukder’s eldest son accused Alamgir and his son accused Jahangir, neighbours Abu Talukder, Mati Talukder, Tofazzal Talukder and Haider illegally trespassed into the courtyard of informant Chandra Bhanu and abused her husband Mobfer in filthy language. At this Surat Ali Master nephew of in...... she is the wife of deceased Mobfer. She is an eye-witness of the occurrence and she fully supported the prosecution case as made out in the FIR. She stated in her evidence that due to an altercation over a duck at about 5-00 PM on 27th of Asar, accused Asar, Alamgir, A Talukder, and others came to ......u Talukder be set at liberty forthwith, if not wanted in connection with any other case. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 188...Category: Criminal Law | Date: | Hits: 52
Shahid Malongi (Md) and another Vs. State, 2004, 33 CLC (HCD)
....ice custody. The learned Advocate emphatically submits that since the informant of the case has submitted application for considering the bail of appellant he should be enlarged on bail. On the other hand, the learned Deputy Attorney‑General vehemently opposed the prayer for bail and submits that ......eg and Shahid Molongi in which their gang members committed gruesome murder, dacoity and also raped the female members at the time of occurrence in a barbaric manner. 3. In this case police recovered weapons used for commission of the offence and gold ornaments and cloths taken as booties. Th......lined to grant bail to the appellant. In the result the appeal is dismissed. The order of the court below is upheld. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)279. ..Category: Criminal Law | Date: | Hits: 43
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