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Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ...... the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on Thursday, the 7th June, 1989 at about 5 P.M.......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ....... The State; Ismail Sarker Vs. The State, 33 DLR 320; Seraj Ali Vs. The State PLD 1968 Dae.158; Allah Rakha Vs. The Slate AIR. 1927 Lah. 658; Shamsuddin Sarkar Vs. The State 11 DLR (SC), page 365. Lawyers Involved: A.K.M. Faiz with Nazrul Haque, Advocates—For the Appellants. Fazlul Haqu..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which i......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......ul Hafiz and others Vs. Mafizuddin and others 7 DLR, 577; Girijanandini Devi Vs. Bijendra Narain Chowdhury A.I.R. 1967 S.C. 1124; Mahmud Ali and another Vs. Bangladesh & ors. 1986 BLD (AD) 56. Lawyers Involved: M.A. Mannan, Advocate—For the Petitioners. Md. Abdul Gafur, Advocate — F..

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

....ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......tion of the office the petitioner has been discharging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the office of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110.......eferred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. Secretary, Ministry of Local Govt. and Rural Development and others 1981 BLD (AD) 196; Abdur Rashid Versus Govt. of Bangladesh 32 DLR page 109. Lawyers Involved: M. Taleb Ali, Advocate—For the Petitioner. Kaiseruddin Ahmed, Deputy Attor..

Category: Others | Date: | Hits: 175

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ......etitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and prope......rthwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ............................................Petitioner Vs. Mrs. Bilkis Rahman & State...............Opposite Party Judgment July 10, 1989. Result: The suo motu Rule is discharged. Lawyers Involved: Dr. Rafiqur Rahman, Advocate— For the Petitioner. Md. Moazzem Hussain, D..

Category: Criminal Law | Date: | Hits: 101

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

.... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......is election on the ground that the petitioner was a dealer in essential commodities appointed by the Government and remained so till the date of filing of nomination paper on 10.1.88 and was therefore disqualified to be elected or nominated as a Chairman under section 7(i)(f) of the Union Parish...... to be void and the election authorities are directed to hold fresh election for the post of Chairman of the concerned Union Parishad. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 105. ......t: The Rule is made absolute. Cases Referred to- Bristol South-East Parliamentary Election, (1961) 3 A E L R 354; Sanaullah Vs. Election Tribunal, Gujrat and others, PLD 1966 Lah. 97. Lawyers Involved: Syed Ishtiaq Ahmed with Salahuddin Ahmed, Advocates— For the Petitioner. R..

Category: Election Law | Date: | Hits: 187

Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)

....judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......etenu Ansarul Huq, son of late Azizul Huq, Ex-Manager, Agrani Bank, Khatunganj Branch, Chittagong at present of 86/1, Dhaka Nagar Lane, Dhaka, now detained in Chittagong Jail, should not be brought before this Court, so that this Court may satisfy itself that the said detenu is not being held in cus......judgment and order be transmitted to the Secretary, Ministry of Home Affairs immediately for his perusal and necessary future action. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 98. ......de absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin Banu Vs. Government of Bangladesh and others, BCR 1988 (AD) 89. Lawyers Involved: Khademul Islam Chowdhury with Abu Taker Chowdhury, Advocate—For the Petition..

Category: Criminal Law | Date: | Hits: 107

Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)

.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......g aside the Judgment and decree passed by Upazila Munsif (now Asstt. Judge) Tongibari on 25.3.87 in Title Suit No.24 of 1984 decreeing the suit. 2. The petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the oppos...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......��…Opposite Parties Judgment February 12, 1995. Result: The Rule is disposed of. Case Referred to- Tripura Charan Choudhury and other Vs. Girish Chandra Choudhury, 7 DLR 466. Lawyers Involved: Md. Azizul Hoq with Eklimur Reza, Advocates ‑ For the Petitioners. A Base..

Category: Property Law | Date: | Hits: 96

Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)

....r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161....... Judge, Additional Court, Dhaka in Title Suit No.27 of 1989. 2. The Rule was issued at the instance of defendant Government calling upon the plaintiff‑opposite party to show cause as to why the aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party i......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161................Opposite Party Judgment February 8, 1995. Result: The Rule is discharged. Cases Referred to- Abdur Rashid and others Vs. Government of Bangladesh and others, 27 DLR 614. Lawyers Involved: Md. Farid Ahmed, Assistant Attorney‑General - For the Petitioner. Azizul ..

Category: Property Law | Date: | Hits: 107

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......ney-General - For the State. Criminal Revision No.1127 of 1994 with Criminal Revision No.1129 of 1994. Judgment Mahmudul Amin Chowdhury J.- These two Criminal Revisions are taken up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 o......accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......ul Amin Chowdhury J KM Hasan J Rahmatullah............Petitioner Vs. State and another.................Opposite Judgment May 31, 1995. Result: The two Rules are discharged. Lawyers Involved: TH Khan with Khademul Islam Chowdhury, Advocates ‑ For the Petitioners (In bo..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ith Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under sections 326/302/307 of the Penal Code......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......of Punjab, AIR 1952 (SC) 354; Naukar Mouledino Vs. Emperor, AIR 1937 Sind 212; Bhima Skaw Vs. State, AIR 1956 Orissa 177; Hanumant Govind Nargundkar Vs. State of Madhya Pradesh, AIR 1952 (SC) 343. Lawyers Involved: Amirul Kabir Chowdhury, Deputy Attorney General with Md. SA Hasan, Assistant A..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......etitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal ......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......iamatullah @ Chand (Md.)……………………Petitioners Vs. State and others…………………Opposite Parties Judgment November 27, 1995. Result: The Rule is discharged. Lawyers Involved: Kazi Golam mahbub, Abdus Sobhan with Mamnur Rashid, Advocates ‑ For the Petit..

Category: Criminal Law | Date: | Hits: 82

Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)

.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......am Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Specia...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Hamidul Haaque J Mozibul Huque …………………Petitioner Vs. State and Others……………..Opposite Party Judgment January 15, 1996. Result: The Rule is discharged. Lawyers Involved: Khan Saifur Rahman, Advocate ‑ For the Petitioner. Abdus Salam Mamun, Ass..

Category: Procedural Law | Date: | Hits: 99

Saleem Ullah Vs. Md. Abdur Rouf, Chief Election Commissioner of Bangladesh Election Commission and others, 1995, 24 CLC (HCD)

.... of a lager Bench is refused. Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 144. ...... Attorney-General and Mir Hashmat Ali Assistant Attorney-General - For the Respondent No.2. Writ Petition No. 1087 of 1994. Judgment Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referrin...... of a lager Bench is refused. Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 144. ...... Cases Referred to- Nurul Huda Vs. Bahauddin and others, 1989 BLD 271; Mr. Nazimuddin Vs. State, 30 DLR 49; Anwar Hossain Khan Vs. Speaker of Bangladesh Sangsad Bhaban and others, 47 DLR 42. Lawyers Involved: MI Farooqui with Md. Khurshid Alam Khan, Advocates ‑ For the Petitioner. ..

Category: Procedural Law | Date: | Hits: 136

Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)

.... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......e parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Huda, Advocate - For the Informant. Syed Matiul Islam, Assistant Attorney-General - For the State. Criminal Revision No....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143.......Sadeque J KM Hasan J Sultan Ahmed alias Sentu................petitioner Vs. State.............Opposite parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Huda, Advocate..

Category: Criminal Law | Date: | Hits: 92

Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)

...., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allowing an application for correction of the plaint and the decree passed on 15.12.83, by inserting the names of the opposi......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141.......s...........Opposite Parties Judgment June 25, 1995. Result: The Rule is discharged. Cases Referred to- Tripura Charan Chowdhury and others Vs. Girish Ch. Chowdhury, 7 DLR 466. Lawyers Involved: Faruque Ahmed, Advocate ‑ For Petitioner. Md. Abdul Halim with Md. Md. Ena..

Category: Procedural Law | Date: | Hits: 124

Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)

....result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137........- Thus Rule calls in question the Judgment and order dated 26.8.89 passed by the Subordinate Judge, Serajganj in Miscellaneous Appeal No.28 of 1989 allowing the appeal and reversing the Judgment and for order dated 25.4.88 passed by the Assistant Judge, Serajganj in Miscellaneous Case 62 of 1985 di......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137.......rs heard along with Sufi Golam Mohiuddin Vs. Hafizur Rahman, 36 DLR (AD) 1; Balai Chand Mondal Vs. Nivaran Chandra Das, 51 CWN 644; Province of East Pak Vs. Md. Hossain, 16 DLR (SC) 667 (pars 23). Lawyers Involved: SS Halder with SS Sarker, Advocates - For the Petitioner. A J Mohammad Ali..

Category: Property Law | Date: | Hits: 89

Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......sh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. .......Appellants (In Writ Petition No. 2195 of 1991) Moudud Ahmed…………...Appellants (In Writ Petition Nos. 2213 and 2238 of 1991) Vs. Bangladesh through the Secretary, Ministry of Law & Justice and others……......Respondent (In all the Writ Petitions). Judgment ..

Category: Constitutional Law | Date: | Hits: 414

MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)

....ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ....... Mohammad Siddiq Jamal & others 22 DLR 841; Merajuddin Ahmed Vs. Md. Anwarul Islam & another 26 DLR 314; 33 DLR (AD) 55; 29 DLR (SC) 13; 29 DLR 314; 17 DLR 677; 19 DLR 905; 19 DLR 314. Lawyers Involved: Akram Hossain Amin, Advocate ‑ For the Petitioner. Md. Abdul Majid, ..

Category: Civil Law | Date: | Hits: 140

Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)

....lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......ase No.11 of 1988. 2. The facts of the case are that while the learned Special Judge was trying the above Special Case against two accuseds Abdul Kashem and Afseruddin and the case was taken up for argument after examination of the witnesses, on 3.4.90, the learned Special Judge observed that ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......gment February 12, 1992. Result: The revisional application is allowed and the Rule made absolute. Case Referred to- Bangladesh Vs. Tan Kheng Hock, 31 DLR (AD)70. Lawyers Involved: Serajul Huq, Advocate ‑ For the Petitioner. AKM Zahirul Huq, Advocat..

Category: Criminal Law | Date: | Hits: 78

SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)

.... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582.......dgment June 11, 1991. Result: The Rule is made absolute. Cases Referred to- AIR 1986 Madras 3; AIR 1982 (SC) 949 & AIR 1985 (SC) 195 held not applicable. (24) Lawyers Involved: M Nurullah with Kamaluddin Ahmed and AWM Safiullah, Advocates ‑ For the Pe..

Category: Labour and Industrial Law | Date: | Hits: 176

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