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Barrister Md. Rafiqul Islam Mia Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)

....Chairman of Rajuk, Lt. Col. (Retd.) Md. Nurul Hoque, Member, Land and Estate Rajuk and Mohammad Ullah, former Assistant Director Estate, Rajuk, Dhaka stating, inter alia, that the above named accused persons in collaboration with each other misused their power and allotted 9 kathas and 24 square fee...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ......t lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ...... contained in Annexure-C is declared illegal and without lawful authority and is of no legal effect. There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 407. ..

Category: Anti-Corruption Laws | Date: | Hits: 140

Mahbub-ur-Rahman Chowdhury Vs. DG, Bureau of Anti-Corruption and others , 2007, 36 CLC (HCD)

....ttorney-General appearing on behalf of the respondents, filed an affidavit-in-opposition to controvert the Rule stating, inter alia, that the government means either a system of government or body of persons administrating the law or governing a state. It means the executive authority of the governm......unlawful, illegal and without any legal effect. It is further stated that the impugned order had been passed for collateral purpose only to harass and humiliate the petitioner at the behest of vested interested quarters. It has been also stated in the writ petition that the Anti-Corruption Authority......r as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ...... In the result, the Rule is discharged without any order as to the cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 403. ..

Category: Anti-Corruption Laws | Date: | Hits: 150

Syed Salahuddin Ahmed Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)

.... interfered with in the writ jurisdiction. By filing a supplementary affidavit, respondent No.7 states that the structures constructed by the petitioner are still being leased out by him to different persons although his lease agreement no longer exists. 5. Respondent No.6 filed an affidavit-......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ......y each of the judgment be communicated to the Ministry of Law, Justice and Parliamentary Affairs and the Ministry of Communication. Ed. This Case is also Reported in: 59 DLR (2007) 388. ..

Category: Constitutional Law | Date: | Hits: 200

Khorshed Alam Khan and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ised by the Deputy Commissioner, Lakshmipur on 12-6-­1994. Thereafter, the requiring body made the money available to the Deputy Commissioner on 8­6-1995 for payment of compensation to the affected persons. The same was however, not paid to them and was deposited in the RD account on 2-3-1996 i.e.......emed payment for the purpose of taking over possession of the property without any prejudice to the claim of the parties to be determined by the Arbitrator: Provided that any person admitted to be interested may receive such payment under protest as to the sufficiency of the amount: Provided f...... Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ......Lakshmipur by declaring in the official Gazette that LA Case No. 34 of 1993-1994, so far as it relates to the petitioner's land, is abated. Ed. This Case is also Reported in: 59 DLR (2007) 383. ..

Category: Property Law | Date: | Hits: 57

State Vs. Kajal Ahmed Jalali, 2007, 36 CLC (HCD)

....iasuddin Jalali started conspiracy to oust him from local politics and they used to threaten Shujan with dire consequences. As such, the victim Shujan had to lodge a GDE in 1996 against these accused persons. The victim Shujan was on the run for some time and ultimately, he left this country in the ......r Abdul Matin. So, it is contended that there is hardly any inconsistency in the matter of proving time, place and manner of occurrence. The learned Deputy Attorney-General asserts that PW 59 is a disinterested and reliable eye-witness in this case and his vivid description about actual commission o......er case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345.......thwith if not wanted in connection with any other case. Send down the LCRs along with a copy of the judgment to the Court below forthwith. Ed. This Case is also Reported in: 59 DLR (2007) 345...

Category: Criminal Law | Date: | Hits: 109

Jakir Hossain Vs. Jel Vanu, 2005, 34 CLC (HCD)

....stration is a solemn act, to be performed in the presence of a competent official appointed to act as registrar, whose duty it is to attend the parties during the registration and see that the proper persons are present and are competent to act, and are identified to his satisfaction; and all things....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ...... This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ....... 25 of 2003 are hereby set aside. There is no order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 340, 26 BLD (HCD) (2006) 98. ..

Category: Property Law | Date: | Hits: 32

Farida Begum and others Vs. Kapil Krishna Goldar & another, 2006, 35 CLC (HCD)

....o. l died at Dhaka, the learned Magistrate, 1st Class, Madaripur, on humanitarian ground released the accused petitioner Nos. 1 and 2 on bail. Thereafter, on 17-1-2001 and 28-1-2001 the other accused persons also obtained release on bail from the Court of the learned Ses­sions Judge, Madaripur, in ......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328......., 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328.......e No. 509 of 2000 pending before the Magistrate, 1st Class, Madaripur, is hereby quashed. Let a copy of the Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 328...

Category: Criminal Law | Date: | Hits: 28

Mobarak Hossain alias Jewel Vs. State, 2000, 29 CLC (HCD)

....easonable that an accused person should, when once the Magistrate is seized of the case, have access to the report stating the names of the parties, the nature of the information and the names of the persons who appear to be acquainted with the circumstances of the case. On the other hand, there are......nt of the legal fees therefor, together with a certificate written at the foot of such copy that it is a true copy of document……………..” 9. Naturally an accused for obvious reasons feels interested to inspect the documents viz statements under section 164 of the Code wherein he has pres......onsideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ......e. We therefore find that the Rule merits no consideration and, as such, it should be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002) 135. ..

Category: Criminal Law | Date: | Hits: 25

Bhaskar Chakraborty Vs. State, 2006, 35 CLC (HCD)

....h runs as follows: Contract Act, 1872. "Section 182: "Agent" and "Principal" defined—An 'agent' is a person employed to do any act for another or to represent another in dealings with third persons. The person for whom such act is done, or who is so represented, is called the 'principal'."...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ......ial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ...... accused petitioner is directed to appear before the trial Court to face trial. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 325. ..

Category: Criminal Law | Date: | Hits: 81

Naimuddin and another Vs. State, 2007, 36 CLC (HCD)

....atrol party came out from Hilli Camp Border outpost for preventing smuggling and guarding the border area and while on patrol duty at Fakirpara Dharanda area at about 11-30 AM found some male, female persons and children named in the list enclosed with the FIR assembled together with their faces tur...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ..

Category: Criminal Law | Date: | Hits: 84

Monwar Mallik Vs. State, 2007, 36 CLC (HCD)

.... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......t a decision on guess and surmise. He further submits that the learned trial Court below failed to consider that the prosecution intentionally withheld some important witnesses but has come with some interested witnesses who also failed to corroborate each other on material particulars. He further s......ny other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ..

Category: Criminal Law | Date: | Hits: 38

Bangladesh Small and Cottage Industries Corporation Vs. Kazi Nazimuddin and others, 2009, 38 CLC (AD)

.... disputed land but the sale figure is not filed and proved. So, it is not proved that sale figure is correct. It is not also mentioned that who procured this sale figure and on that date. None of the persons who procured or supplied the sale figure has been examined in his case. It is not also prove......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ssed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447.......ubstance in the submission of the learned Counsel for the appellant. Accordingly, the appeals are dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 210, 16 MLR (AD) (2011) 447...

Category: Property Law | Date: | Hits: 37

Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)

....fter the bomb explosion in Mymensingh he left the town and also a photograph of the petitioner was shown in the aforesaid daily newspaper showing him standing with the aforesaid Liakot and some other persons and that the petitioner is a respectable citizen of the country and a businessman of reputat......airs of the Republic. In view of the discussion made above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ...... above the application appears to have no substance and hence is rejected summarily. Ed. This Case is also Reported in: 55 DLR (2003) 90. ......l, association of persons or any other organization; (g) to undertake studies and research of national and foreign newspapers, their circulation and impact; (h) to provide facilities for proper education and training of persons in the profession of journalism; (i) to promote technical or ot..

Category: Constitutional Law | Date: | Hits: 213

Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)

....unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128.......w, and no appeal shall lie from such decree except on the ground that it is in excess, of, or not otherwise in accordance with, the award. (emphasis supplied) 21. Where in any suit all the parties interested agree that any matter in difference between them in the suit shall be referred to arbitra....... Abdul Quayum, Advocate—For Respondent No. 2. First Miscellaneous Appeal No. 407 of 1990. Judgment Md. Abdur Rashid J.- This appeal was on 3-12-1990 presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No......unity of hearing to both parties and as soon as within six months, from the date of receipt of the records. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 128...

Category: Property Law | Date: | Hits: 31

Mainuddin Vs. State, 2010, 39 CLC (AD)

....le. 2. The petition arises out of the following facts. One Md. Sukur Ali lodged a First Information Report (F.I.R.) with the Doulatpur Police Station on 11th April, 2005 against the eight accused persons alleging that on 27th March, 2005 at about 9.30 p.m. accused Linkon and Altaf called away hi......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......sions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259......in maintaining the impugned order. The submissions of the learned Counsel merit no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 259..

Category: Criminal Law | Date: | Hits: 24

Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)

.... 365/387/342 of the Penal Code. 5. In this case prosecution examined as many as 10 witnesses while, on the other hand, defence examined none. After examination of prosecution witnesses the accused persons were examined under section 342 of the Code of Criminal Procedure to which they pleaded not ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ...... if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ..

Category: Criminal Law | Date: | Hits: 38

Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)

....the Patents Act, 1949, that no appeal lay to the Court of Appeal from the decision of the Parents Appeal Tribunal in the said proceedings, that it was an inferior tribunal and that the only remedy of persons aggrieved by its decision was by way of an order of certiorari. 10. The fact leading to t......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......thout any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ......ce in the submissions of the learned Counsel for the appellant. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 200. ..

Category: Property Law | Date: | Hits: 30

Delower Hossain @ Ali Hossain Bhuiyan Vs. State, 2001, 30 CLC (HCD)

....told her that “your marriage has been solemnised”. Again he took her in a hired house at Khilkhet. The petitioner often brought some people in that house at night and forced her to mix with those persons for immoral purpose, in the event of denial, the petitioner used to threaten her that if she......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ...... of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ......ing paragraphs are for the purpose of disposal of the Rule only. In the result the rule is discharged. Send down the LC records at once. Ed. This Case is also Reported in: 54 DLR (2002) 114. ..

Category: Criminal Law | Date: | Hits: 37

Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)

....justice. Md. Farooq has taken me to the provision of Order XXXII rule 15 CPC which as follows: “Rule 15. The provisions contained in rules 1 to 14, so far as they are applicable, shall extend to persons adjudged to be of unsound mind and to persons who though not so adjudged are found by the co...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ...... directed to dispose of the suit within one year from the date of receipt of this judgment and order. Send down the lower court records. Ed. This Case is also Reported in: 54 DLR (2002) 108. ..

Category: Property Law | Date: | Hits: 44

Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)

....6 of the Code enjoins that in any suit where the court deems a local investigation to be requisite or proper for the purpose of elucidating any matter in dispute, court may issue a commission to such persons it thinks fit. From the above language it becomes evidently clear that a court is not bound ......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ......Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigatio......ule stands discharged. Order of stay recorded by this Court at the time of issuance of Rule dated 5-11-2000 stands vacated. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 104. ..

Category: Administrative Law | Date: | Hits: 236