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State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

....s. The State, Supreme Court Monthly Report (1970) Voll. III, 351; Md. Rafiq Vs.. The State, PLD (1974) SC 65. Lawyers Involved: F.R.M. Nazmul Hasan Deputy Attorney General with Md. Moniruzzaman Assistant Attorney General, S.M. Asad Ullah Tarique, Assistant Attorney General and Mrs. Nur Jahan M...... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  .......770 of 2005, 769 of 2005 and 768 of 2005 respectively. All the cases are taken together to dispose of by this common judgment. 2. Prosecution case, in short, is that P.W. 1 Md. Abdul Malek Miah, Officer in Charge of Naldanga Police Station, Nator himself on 05.04.2003 lodged a First Information..

Category: Criminal Law | Date: | Hits: 82

Subodh Ranjan and others Vs. State, 1993, 22 CLC (HCD)

....nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......nd they are acquitted of the charges. The accused appellants be set at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 521.......ross‑examination he stated that they returned to the BDR Head Quarter at 9‑45 PM and typed the numbers of currency notes seized in the office room of their Commander P.W.13. At that time no Civil Officer or civilian were present and admitted that they deposited Tk. 700.00 less in the Customs Hou..

Category: Criminal Law | Date: | Hits: 75

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......e been made illegally without any lawful authority having no legal effect and it is accordingly set aside. The prescribed authority under Article 15 of PO 16 of 1972 being either the Sub‑Divisional Officer or the Deputy Commissioner or the Additional Deputy Commissioner of Dacca, as the case may b..

Category: Property Law | Date: | Hits: 65

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

.... of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs affirming the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 ru......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...

Category: Procedural Law | Date: | Hits: 68

Hemendra Lal Homoeopathic Databya Chikitshalay and another Vs. The Administrator General and Official Trustee, 1991, 20 CLC (HCD)

.... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside. In the result, the appeal is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 512. ......was thus the only trustee in terms of the deed and has been functioning as a trustee and running the dispensary through a doctor namely Monlosh Kumar Pal. On an application filed by the Thana Revenue Officer, Saturia falsely stating that since the settler Sakhi Lal Roy Chowdhury had left no heir in ..

Category: Trust/Waqf Law | Date: | Hits: 183

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......the tribunal within 1 (one) month. He further directed the concerned custodians to return the seized ornaments and cash money to the accused-respondent and to communicate the copy of his order to the Officer-in-Charge of Kotwali Police Station, C.M.P., Chittagong and the Manager, Bangladesh Bank for..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

.... death of sole plaintiff two daughters of the plaintiff who were impleaded as pro forma defendants filed application for transposition of their names in the category of the plaintiffs but the learned Assistant Judge rejected the said application. On revision, the High Court Division set aside the sa......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96.  ..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....passed by the learned Joint District Judge, 2nd Court, Manikganj in Title Appeal No.06 of 2007 dismissing the appeal and affirming the judgment and order dated 22.01.2007 passed by the learned Senior Assistant Judge, Sadar, Manikganj in Pre-emption Miscellaneous Case No.21 of 2003 should not be set-......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....rth was 08.04.1952 and in support of his date of birth, he swore an affidavit and the same was accepted by the authority. In recognition of his meritorious service, he was promoted to the post of Sub-Assistant Engineer. When the petitioner was in service as Sub-Assistant Engineer at Kushtia, respond......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....rance Company Limited was subsequently placed under the Jiban Bima Corporation where the writ petitioner continued his service for 37 years having received promotion to the next higher post as Senior Assistant vide letter dated 19.6.1978 with effect from 1.6.1977. On 3.1.2002 the writ petitioner was...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ...... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ..

Category: Employment/Service Law | Date: | Hits: 58

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....oney. A copy of the scheme is annexed as Annexure‑'D'. 3. While in possession of the fishery the review petitioner was served with a notice of summons of Title Suit No.12 of 1990 of the Court of Assistant Judge, Balaganj, Sylhet filed by Nijkurua Matsyajibi Samabaya Samity Ltd Respondent No.1 o......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 502.......s as follows: The review petitioner was granted settlement of Sarai Beel Fishery for 1397 BS to 1399 BS at the rent of Tk. 4,200.00 per year by an order dated 19.6.90 passed by the Upazila Nirbahi Officer, Balaganj Upazila, Sylhet, and a lease deed was executed in its favour on 25.6.90 (Annexureâ..

Category: Civil Law | Date: | Hits: 87

Commissioner of Taxes Vs. Md. Hasanuzzaman, 1993, 22 CLC (HCD)

....under sections 23(2), 22(4) were issued but as the assessee did not appear, the case was adjourned from time to time for hearing and ultimately the assessment was completed under section 23(4) by the Assistant Commissioner of Taxes. The Assistant Commissioner of Taxes estimated income from business ...... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500....... costs. This order shall govern both the reference application Nos. 3 and 4 of 1989. We return the references with the above answer. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 500...

Category: Fiscal/Taxation Law | Date: | Hits: 98

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

................Respondents Judgment April 28, 1991. Lawyers Involved: Khademul Islam Chowdhury, Advocate ‑ For the Petitioners Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents. Writ Petition No. 339 of 1985 Judgment ......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498.......ion under Article 102 of the Constitution. In view of our aforesaid discussion, we discharge the Rule without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 498...

Category: Property Law | Date: | Hits: 79

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

....n No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of Assistant Professor of Fulbaria College, Mymensingh and degrading his monthly pay scale from Tk. 7,2...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ...... The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 32 BLD (AD) (2012) 11, 16 MLR (AD) (2011) 380, 8 LG (AD) (2011) 155, VIII ADC (2011) 941. ..

Category: Employment/Service Law | Date: | Hits: 204

Barrister Nazmul Huda and another Vs. State and another, 2011, 40 CLC (HCD)

....: Barrister Nazmul Huda, in person, Senior Advocate with Md. Ashanur Rahman, Advocate- For the accused-appellants. Md. Momtaz Uddm Fakir, Additional Attorney General with Khondker Diluruzzaman, Assistant Attorney General, Abdur Rakib, Assistant Attorney General, Mrs. Salma Rahman, Assistant At......n the L.C. records along with a copy of this Judgment and order to the Court concerned immediately for information and necessary action. Ed.This Case is also Reported in: 16 MLR (HCD) (2011) 381. ...... Tk. 40 lakh to the Minister Barrister Nazmul Huda. 5. On such allegation, Deputy Director of Anti-Corruption Commission, being informant on 21.03.2007 lodged written First Information Report with Officer-in-Charge of Dhanmondi Police Station and accordingly Dhanmondi P.S. Case No.70 dated 21.03...

Category: Criminal Law | Date: | Hits: 101

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... Korban Ali, SK Ansar Ali, Abdur Razzaque and Nawab Ali, Advocates ‑ For the Petitioner. Aminul Huq, Attorney‑General with AF Hasan Arif, Deputy Attorney‑General and Obaidur Rahman Mostafa, Assistant Attorney‑General ‑ For the Respondents. Writ Petition No.1316 of 1992. Judgment....... 153. I, therefore, having agreed with the Judgment delivered by BI Chowdhury, J make the Rule absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 423. ......ent of Pakistan and another; Dr. Nurul Islam Vs. The Government, 1981 BLD (AD) 140; 13 DLR 804; 15 DLR 1; AIR 1957 (SC) 397; AIR 1970 (SC) 117; AIR 1975 (SC) 13; Shafiqur Rahman Vs. Local Certificate Officer, Dhaka, 29 DLR (SC) 232; 11 DLR (SC) 113; 13 DLR (SC) 233; 16 DLR (SC) 417, 375, 566, 722; R..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....wer the reference in the affirmative. 22. In the result the Rule is made absolute. The impugned order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj is set aside and the learned Assistant Judge concerned is directed to proceed with the execution case. In the facts and circum......ned is directed to proceed with the execution case. 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) 483. ......ned is directed to proceed with the execution case. 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) 483. ..

Category: Civil Law | Date: | Hits: 100

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

....or the Petitioner. Mahbubey Alam, Attorney-General, MK Rahman, Additional Attorney-General, Korunamoy Chakma, Deputy Attorney-General, Mustafa Zaman Islam, Deputy Attorney-General, Nazibur Rahman, Assistant Attorney-General, Mahabub-ul Alam, Assistant Attorney-General, ASM Nazmul Haque, Assistant......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......rrant for, the arrest of the petitioner, and to commit him to custody, and to authorize his continued detention in custody. 32. Rule 6 of the Rules of 2010 contem­plates that if the Investigating Officer has reason to believe that any offence has been committed, he shall proceed in person to the..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....bdus Salam, Riaz Uddin and Shakila Farzana, Advocates, In person-For the Petitioners. Mahbubey Alam, Attorney-General with Md. Motaher Hossain, Deputy Attorney-General with Samarendra Nath Biswas, Assistant Attorney-General with Md. Jahangir Alam, Assistant Attorney-General—For the Respondents.......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....l Commissioner 41 DLR 326; Md. Ismail Vs. Government of Bangladesh 34 DLR (1982) 4. Lawyers Involved: Md. Nazrul Islam with AHM Kamruzzaman, Advocates—For the Petitioners. M Shamsul Hoque, Assistant Attorney-General with Ms-For the Respondents. Writ Petition No.1856 of 2005. Judgmen...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ...... In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794. ..

Category: Property Law | Date: | Hits: 104