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Rahima Begum Vs. Md. Abdul Baten, 1990, 19 CLC (HCD)

.....73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......11 acres in area upon which stood a tin‑shed and a kitchen, bearing Plot No.273 appertaining to khatian No.326 of mouza Kaoraid under PS Sreepur which the applicant Abdul Baten purchased on 13.6.70 for a consideration of Tk. 2000.00. Abdul Baten sold the homestead to the petitioner Rahima Begum by.......73 of 1983 is set aside and the order passed on 16.8.77 by the Circle Officer (Rev) Sreepur in Case No.3 of 1976‑77 is restored. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 414.......rty. Judgment June 21, 1990. Result: The Rule is made absolute. Case Referred to- Sayeedur Rahman Vs. The Chief Election Commissioner, Dacca, 17 DLR (SC) 23. Lawyers Involved: Meah Abdul Gafur with Farid Ahmed, Advocates ‑For the Petitioner. S ..

Category: Property Law | Date: | Hits: 110

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

.... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......t No.1 as Chairman of the said union parishad in this Writ of quo-warranto alleging, inter alia, that election of Chairman of the said union parishad was held on 10.2.88. There were 7 contestants for the said post including the respondent No.1. On 10.1.88 the contestants filed their nomination...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......................Petitioner Vs. Farazuddin Sarker and others.........................................Respondents Judgment June 13, 1989. Result: The Rule is discharged with costs. Lawyers Involved: Md. Fazlul Karim, Advocate - For the Petitioner Rafiqur Rahman with Seraju..

Category: Election Law | Date: | Hits: 216

Saifur Rahman Vs. Bangladesh through the Secretary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

.... is discharged without any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538.......ner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. ...... is discharged without any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538.......Bangladesh through the Secretary, Ministry of Agriculture and others...............Respondents Judgment June 12, 1989. Result: The Rule is discharged without any order as to costs. Lawyers Involved: Khondker Mahbubuddin Ahmed with Fida M. Kamal, Advocates - For the Petitioner. ..

Category: Administrative Law | Date: | Hits: 445

Fazal Mahmud Vs. Pioneer Printing Press Ltd. & Others, 1989, 18 CLC (HCD)

....nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......ent company having not held any Annual General Meeting since its inception, the Board of Directors of the Company resolved to apply to this Court to condone the delay in holding the said meetings for the years 1974-84, in all for 11 years on the ground that there was no negligence in not holding......nce in this application which is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 529.......989. Result: The application is dismissed. Case Referred to- Bangladesh Chemical Industries Corporation and another Vs. Registrar, Joint Stock Companies and another, 39 DLR 1987, 1. Lawyers Involved: Akhtar Imam, Advocate - For the Petitioner. Zakir Ahmed, Advocate - For Resp..

Category: Business or Commercial Law | Date: | Hits: 352

Kazi Ibrahim alias Ibrahim Kazi Vs. State, 1989, 18 CLC (HCD)

....e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......on 19A of the Arms Act read with Special Powers Act, 1974. 2. The prosecution-case is that the complainant Aftabuddin, Assistant Leader of Jatiya Rakkhi Bahini (JRB) lodged the ejahar on 12.9.73 before the Harirampur Police Station on production of accused Masudur Rahman Bhuiya, Amiruzzaman alias......e charge as leveled against him. He is directed to be released from the bail bonds immediately. Send down the LC records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 524. ......titioner Vs. The State........................Opposite Party Judgment May 22, 1989. Result: The appeal is allowed. Case Referred to- Arshadullah Vs. The State, 21 DLR 684. Lawyers Involved: A.N.M. Gaziul Huq, Advocate - For the Appellant. No one - For the State. ..

Category: Criminal Law | Date: | Hits: 97

Mrs. Nabila Chowdhury Vs. Government of the Peoples Republic of Bangladesh & another, 1988, 17 CLC (HCD)

....a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ...... Chowdhury J.- This Rule was issued calling upon the Respondents to show cause as to why they should not be directed to bring the detenu Shah Alam Chowdhury now being detained in Dhaka Central Jail before this Court to satisfy itself that he is not being held in custody without any lawful authority.......a now detained in Dhaka Central Jail, Dhaka be released and set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 345. ......1161; 40 DLR 193(High Court); 20 DLR 1968 1005; A.K.M. Shamsuddin Vs. Government of Bangladesh, 28 DLR 1976 117; 40 DLR (AD) 178; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others. Lawyers Involved: Mainul Hosein with Joynal Abedin, Advocates - For Petitioner. Md. Delwar H..

Category: Criminal Law | Date: | Hits: 100

Bangladesh House Building Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ......he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the Respondent No.2 to its Office at Comilla. The Respondent No.2, thereafter, filed I.R.O. Case No.267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being ......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ...... Result: The rule is made absolute. Cases Referred to- (1988) 40 DLR 163; (1981) 33 DLR (AD) 305; 33 DLR (AD (1981) 305; Wilkinson Vs. Banking (Sic) Corporation, (1948) IKB 721 (724). Lawyers Involved: Rafiqul Huq with Shahid Alam, Advocates - For petitioner. Ashraful Hossain, ..

Category: Procedural Law | Date: | Hits: 273

Zehad Ali Vs. Kharshed Ahamed & others, 1984, 13 CLC (HCD)

..... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ......MS Ali J Zehad Ali..........................Appellant Vs. Kharshed Ahamed & others.............................Respondents Judgment September 2, 1984. Result: The application for revision is allowed. Cases Referred to- Seth Nanhelal and another Vs. Umrao Singh and a....... In the facts and circumstances of the case, there would however be no order as to cost. Let the records be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 336. ....... The Allahabad Bank Ltd., (1917) 21 CWN 877 (FB); Sreemati Guru Dasi Vs. Sarbanada Mahaldar and others, PLD 1961 Dhaka 243 (244); Nasim Jan and Others Vs. Badiuzzaman, PLD 1967 Pesh, 262 (265). Lawyers Involved: Nizamuddin Haider, Advocate - For appellant (In First Miscellaneous Appeal No. ..

Category: Property Law | Date: | Hits: 115

Chittagong Port Authority Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)

....judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ......1989. Result: The appeal is allowed. Cases Referred to- Trustees of Chittagong Port Vs. Sadharan Bima, 32 DLR 99; Chittagong Port Authority Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - F..

Category: Business or Commercial Law | Date: | Hits: 397

Sankar Gopal Chatterjee & others Vs. Additional Commissioner, Dhaka Division & others, 1989, 18 CLC (HCD)

....t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ...... Involved: Abdur Rashid, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorney General with G.A. Mannan, Assistant Attorney General, Advocates - For Respondent No.2. Fida M. Kamal for Habibul Islam-Bhuiyan, Advocate - For Respondent No.3. Writ Petition No. 179 of 1986. Judg......t lawful authority and that those are of no legal effect. The Rule is accordingly made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 326. ......ers...............Petitioners Vs. The Additional Commissioner, Dhaka Division & others................Respondents Judgment March 7, 1989. Result: The Rule is made absolute. Lawyers Involved: Abdur Rashid, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorn..

Category: Property Law | Date: | Hits: 116

Abdus Salam Vs. Chief Election Commissioner and others, 1989, 18 CLC (HCD)

....fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ...... Mustafa Kamal J.- In this Rule Nisi the petitioner, a contestant in the election of Chairman of Shakta Union Parishad, Upazila Keraniganj, District Dhaka challenges the acceptance of result of the aforesaid election held at Ati Panchdona High School centre and Nayabazar Primary School centre and a......fore, find that this Rule does not merit any interference. In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 324. ............................Petitioner Vs. The Chief Election Commissioner and others...............................Respondents Judgment March 15, 1989. Result: The Rule is discharged. Lawyers Involved: Habibul Islam Bhuiyan, Advocate - For the Petitioner. S.R. Paul with Fakir A..

Category: Election Law | Date: | Hits: 215

Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396.......f Pakistan subject to usual terms and conditions laid down in the lease deed. The respondent No.2 had been enjoying the property on regular payment of rent and taxes to the respective authorities but for disturbance in 1971 he had to vacate the house after liberation for safety of life and was resid......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396.......spondents Judgment March 26, 1998. Result: The Rule is made absolute. Case Referred to- Hasina Khatoon and others Vs. Bangladesh and others, 43 DLR (AD) 13. Lawyers Involved: AKM Shafiuddin, Deputy Attorney-General — For the Petitioner. Sultan..

Category: Property Law | Date: | Hits: 102

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

....t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......udgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property bel......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......ent February 25, 1998. Result: The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs. Abdul Majid, 46 DLR (AD) 121. Lawyers Involved: BK Das, Advocate — For the Petitioner. Md. Emdadul Hoque Azad, Advoc..

Category: Property Law | Date: | Hits: 101

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

....s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......f Ramu Police Station Case No.12 dated 27.4.1998 corresponding to G. R. No.36 of 1998 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer imprisonment for life with a fine of Taka 5000/-, in default to suffer rigorous imprisonment for six months more.......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......��……Appellant Vs. The State…………………………Respondent Judgment February 26, 2012. Result: The criminal appeal is dismissed with the alteration and modification. Lawyers Involved: Z. I. Khan Panna with Md. Nurul Islam, Advocates - For the Appellant. Mrs. S..

Category: Criminal Law | Date: | Hits: 102

Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)

....in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......ed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicting the appellants under section 489B of the Penal Code and sentencing each of them thereunder to suffer rigorous imprisonment for ten years with a fine of Taka 2000/- for each in default to suffer rigorous imprisonment for ano......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ...... May 4, 2011. Result: Both the appeals are allowed. Case Referred to- M. Mammutti Vs. State of Karnataka, AIR 1979 (SC) 1705; Almas Miah Vs. State, 55 DLR 403; AIR 1979 (SC) 1705. Lawyers Involved: Md. Bashir Uddin Zindigir, Advocate - For appellant (In Criminal Appeal No.1046..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the People's Republic of Bangladesh & others, 1990, 19 CLC (HCD)

.....90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ......rishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad. 2. It is stated that the Election Commission has gi.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ...... 58, 59 and 95); AIR 7930 (Bombay) and AIR 1953 (SC); 41 DLR (AD) 30; AIR 1951 (SC) 41; Southern Railway Company Vs. Greane, (1909) 216 U.S. 400; AIR 1952 (SC) 75; AIR 1951 (SC) 41;41 DLR (AD) 25. Lawyers Involved: Mainul Hosein, with M. Joynul Abedin & Zakir Ahmed, Advocate — For the P..

Category: Election Law | Date: | Hits: 391

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

..... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......t decree-holder petitioner Sonali Bank obtained a decree in the High Court of Justice Queen's Bench Division, London (England), United Kingdom against the judgment-debtor opposite party Abidur Rahman for a sum of £4,31,845.70 with interest and costs. Thereafter decree-holder-petitioner Sonali Ban....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the District Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311....... February 11, 1990. Result: The rule is discharged. Cases Referred to- Indian General Investment Trust Ltd. Vs. Sri Ramchandra Mardaraja Doo, Raja of Khalikote, AIR 1952 (Cat) 508. Lawyers Involved: Asrarul Hossain with Iftekhar Ahmed, Advocates—For the Petitioner. Khan..

Category: Procedural Law | Date: | Hits: 168

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

....scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which are required for disposal of the writ petition are that on 13-4-2009 the respondent No.5 issued a letter under Me......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458........ Bangladesh, 44 DLR (AD) 111; Serajul Islam Vs. The Director General of Food, 42 DLR (AD) 199; SP Sampath Kumar Vs. Union of India, AIR 1937 SC 386; JB Chopra Vs. Union of India, AIR 1987 SC 357. Lawyers Involved: Manzil Murshed, Advocate - For the Petitioners. M Khurshid Alam Sarker with ..

Category: Administrative Law | Date: | Hits: 421

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Assistant Attorney-General - For the State/Respondent. Writ Petition Nos.8362 with 7948 of 2009. Judgment Md. Ashfaqul Islam J.- Supplementary affidavits filed in both the writ petitions be formed part of the main petitions. 2. Both the writ petitions are taken up together and disposed ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... Vs. The State, 60 DLR (AD) 1; Abdul Hoque Vs. State, 60 DLR (AD) 1; Bangladesh Vs. Tan Khong Hock, 31 DLR (AD) 69; Syed Md. Hashem Vs. State, 48 DLR (AD) 87; N Mahmud Vs. N Ahmed, 36 DLR (AD) 14. Lawyers Involved: Sarwar Ahmed with Humayan Kabir, Advocates - For the Appellant. SM Shahjahan..

Category: Criminal Law | Date: | Hits: 89

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

.... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and decree was stayed. 3. The necessary facts for disposal of the Rule are that the 'Ka Schedule' land appertained to SA Khatian No.232 and some o...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ...... Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involved: No one appears - For the Petitioner. No one appears - For the Opposite Party..

Category: Property Law | Date: | Hits: 103

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