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Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)

....spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ......ule is made absolute. Cases Referred to- Kudrat-e-Elahi Panir Vs. Bangladesh, 44 DLR AD 319 at paras 66 and 72; Indra Sawhney etc Vs. Union of India etc., AIR 1993 SC 477; Fullilove (1980) (65) Law Ed 2d 902) Metro Broadcasting (1990)(111) Law Ed 2d 445); Vishaka Vs. State of Rajasthan, (1997)..

Category: Constitutional Law | Date: | Hits: 443

Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)

....rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......under section 115 of the Code of Civil Procedure is directed against an order passed by Subordinate Judge and Artha Rin Adalat, Bogra on 30-11-95 in Partition Suit No.149 of 1993 rejecting the prayer for transposition of the defendant-petitioners into the category of the plaintiff. 2. The shor......rably within 6(six) months from the date of receipt of this order. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ....... Kunchama Khatun and others, 12 DLR 712; 54 CLJ (PC); Md. Idris alias Shelim and others Vs. Bazal Ahmed and others, 40 DLR 317; Googlee Sahoo Vs. Premlall Sahoo and another, ILR 1881 page 148. Lawyers Involved: Shahidul Islam, Advocate — For the Petitioner MA Wahab Miah, Advoca..

Category: Civil Law | Date: | Hits: 154

Abdul Qayum Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340....... October 30, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh & others, 34 DLR 29. Lawyers Involved: Lutfor Rahman Majumder, Advocate ‑ For the Petitioner. AF Hasan Ariff, Deputy Attorney General ......citizenship or he owned allegiance to any other country. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 340.......pondents Judgment October 30, 1991. Result: The Rule is made absolute. Case Referred to- Mukhtar Ahmed Vs. Government of Bangladesh & others, 34 DLR 29. Lawyers Involved: Lutfor Rahman Majumder, Advocate ‑ For the Petitioner. AF Hasan Arif..

Category: Immigration and Citizenship Law | Date: | Hits: 178

Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)

....trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ...... and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- ......trict Judge to dispose of the appeal on registration of the same. The Rule is made absolute. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 338. ......ing (1905) AC 369; Vanugopal Reddiar and another Vs. Krishnaswami Reddiar alias Raja Chidambara Reddiar and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ..

Category: Procedural Law | Date: | Hits: 102

Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)

.... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ...... 1991, 82 of 1991, 83 of 1991, 192 of 1991, 193 of 1991, 2490 of 1990, 2491 of 1990 and 1515 of 1989. Judgment ARM Amirul Islam Chowdhury J.- These Revisional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In th...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......r Vs. Azmiri Bibi and others .................Opposite Parties Judgment November 28, 1991. Result: All the Rules except the Rule in Civil Revision No. 678 of 1987 are discharged. Lawyers Involved: TH Khan with MI Farooqui and Saleemullah, Advocates‑ For the Petitioner (In C..

Category: Others | Date: | Hits: 226

Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)

....ons and proceedings taken, or purported to have been made, done or taken by any person or authority during the said period in exercise of the power derived or purported to have been derived from such Proclamation. Martial Law Regulation, Martial Law Order or any other law, or in execution of or in c......evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o......, a Commercial concern taken over under the provision of Acting President's Order No.1 of 1972 and as an abandoned property it vested in the Government under President's Order No.16 of 1972 read with Martial Law Regulation No. VII of 1977 and it is submitted that the vesting was protected under para......of Bangladesh, 32 DLR (AD) 216; Hashem (Md.) Vs. Bangladesh and ors, 43 DLR (1991) 109; Secretary of State Vs. Roburt Fisher, 22 ILR (PC) 270; Wahidul Haque Vs. Bangladesh, 54 DLR (2000) 165, 167. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Neogi, Advocate with him), instructed ..

Category: Property Law | Date: | Hits: 111

Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)

.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......t: The Rule is discharged. Cases Referred to- Rooks Vs. Barnard (1964) AC 1129; Saif Ali Vs. Mitchell and Co. (1980) AC 198; See (1939) IKB 194, (1953 CH 280 and (1958) 1 WLR 563. Lawyers Involved: Ozair Farooque, Advocate—For the Petitioner. AKM Nazrul Islam with..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 417

State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)

.... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. Saifuddin Mahmud and Md. Zahirul Islam - for the condemned-prisoners (In Death Reference No. 20 of 2008). Nahid Sultana, State Defence Law...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... DLR 819; 31 DLR 316; 56 DLR 124; Shafali Begum and another Vs. The State, 1 BCR (1981) 105; SCR 1979 (Vol) page 417; 42 DLR 187; AIR 1954 (SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. S..

Category: Criminal Law | Date: | Hits: 98

Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308.......ssued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS D......the learned subordinate Judge is a perfectly valid order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 308....... page 1, 343 DLR (AD) 16; 43 DLR (HCD) page 204; ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy ..

Category: Procedural Law | Date: | Hits: 113

Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)

.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......vernment Primary School centre, due to serious disturbance, polling could not be held and the Presiding Officer adjourned the poll at 10‑00 AM and sent a written request to the Magistrate concerned for going there with force; that the Magistrate on reaching there at about 2‑10 PM with police for...... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......i Vs. Election Commission and others, 1990 BLD 157; AFM Shah Alam Vs. Mujibul Huq and others, 41 DLR (AD) 68=1989 BLD (AD) 78; Abdul Hamid Khan Vs. Miah Nurul,Islam and others, 42 DLR (AD) 49. Lawyers Involved: Abdur Razzak, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Ad..

Category: Election Law | Date: | Hits: 177

Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)

....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......e was submitted by the learned District and Sessions Judge, Narail, under Memo No.620 dated 11.5.88 along with the records of the proceedings of the Sessions Case No.64 of 1985 under sections 302/109 for confirmation of the death sentence of accused‑condemned prisoners namely, 1. Mostain Mollah, 2......oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......ed. Cases Referred to- Hannmart Govind Nargundkar Vs. The State of MP, 1952 SCR 1091; AIR 1952 SCC 343; AIR 1954 SCC 660; AIR 1960 SCC 29; (1980) 1 SCC 530; (1969) 3; SCC 198 (202). Lawyers Involved: Serajul Haque with Mansurul Hoque Chowdhury, Salahuddin Yusuf and ABM Golam ..

Category: Criminal Law | Date: | Hits: 95

Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)

....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......or the Respondents. Writ Petition No. 147 of 1991. Judgment Abdul Jalil J. - This rule nisi, at the instance of one Mostafizur Rahman, a relation of the detenu Hussain Mohammad Ershad, former President Bangladesh, was issued calling upon the respondents to show cause why the detenu Hu......rank of Major General and Deputy Chief of Army Staff in 1978 and in the same year, he was promoted to the rank of Lt. General and appointed as Chief of Staff, Bangladesh Army in 1978. He became Chief Martial Law Administrator in 1982 and was elected as President of Bangladesh in 1986 and he got the ......le is discharged. Cases Referred to- Mohd. Subrati Vs. State of WB, 1973 SC 207 (211); Jon Martin Vs. State, AIR 1975 (SC) 775KN. Joglekan Vs. Commissioner of Police, 1957 AIR (SC) 28. Lawyers Involved: Kazi Shahadat Hossain with Mofizur Rahman Mazumder, Advocates ‑For the Pet..

Category: Criminal Law | Date: | Hits: 113

Adhir Kumar Shaha Vs. State, 1995, 24 CLC (HCD)

....nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ...... Abdus Salam Mamun, Assistant Attorney‑General ‑ For the State. Criminal Revision No. 839 of 1990. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused petitioner is for quashing the proceedings of Special Tribunal Case No.50 of 1987 pending before the Special Tribu......nate Judge exercising power of delivery of Sessions and Special Tribunal for the negligence of duty of inefficiency as noticed above. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 87. ......ue J Md. Hamidul Haque J Adhir Kumar Shaha.................Petitioners Vs. State...............Opposite Party Judgment November 29, 1995. Result: The Rule is made absolute. Lawyers Involved: None Appears – For the Petitioner. Abdus Salam Mamun, Assistant Attorney�..

Category: Criminal Law | Date: | Hits: 73

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

.... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ....... Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, Dhaka against her husband Captain Shamsul Alam Chowdhury as defendant, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Sh...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ...... PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Baboo Muhammad Amin, 19 DLR (SC) 97; Bilquis Fatema Vs. Najam‑ul‑Ikram, 11 DLR (WP Lahore) page 109. Lawyers Involved: Dr. Rafiqur Rahman with Md. AY Masihuzzaman, Advocates ‑ For the Petitioner (..

Category: Family Law | Date: | Hits: 265

Tahera Nargis Syed Vs. Shamsur Rahman, Deputy Inspector General of Prisons, Dhaka Central Jail, 1989, 18 CLC (HCD)

....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......Court was issued calling upon the opposite party No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Central Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully violating and disregarding the orders of this Court to relea......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 508. ......eputy Inspector General of Prisons, Dhaka Central Jail…………………………Contemner Judgment May 31, 1989. Result: The contemner is found to be guilty of contempt of Court. Lawyers Involved: Md. Aminul Hoque, Advocate - For the Petitioner. Rafiqur Rahman with Seraj..

Category: Criminal Law | Date: | Hits: 124

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......te parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as follows: One Sekander Ali, the predecessor-in-interest of the oppo......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......ttabji See-tharamayya and another, AIR 1933 (Mad) 436; S. Muhammad Eusoof Maricar Vs. K. Subramanian Chettiar and others, AIR 1950 (Mad) 272; 1953 (Mad) 272; AIR 1933 (Mad)436; AIR 1923 (Mad) 109. Lawyers Involved: Hemayetuddin Ahmed, Advocate - For the Petitioners. Abdul Quayum, Advocate..

Category: Property Law | Date: | Hits: 136

Bajla Rice Mills Vs. Bangladash, 1989, 18 CLC (HCD)

....hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ......, 4th Court, Dhaka in Title Suit No. 37 of 1969 (previously numbered as P.O. No 99 of 1967) should not be set aside. 2. Facts in short are that the opposite party being plaintiff instituted the aforesaid title suit alleging, inter alia, that as per contract dated 23.12.64 entered into betwe......hat it can dispose of the suit within the time stipulated above. Let the L.C. records be sent down to the Court concerned at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 504. ...... Smt. Hoora and others Vs. Abdul Karim, AIR 1970 Rajasthan 22; Basappa Veerappa Kami Vs. Chanabassappa Shidappa Angadi, AIR 1960 Mysore 190; Muhammad Shafi Vs. Muhammad Sabir, PLD 1960 Lahore 591. Lawyers Involved: Md. Khalilur Rahman with Syeda Afsar Jahan Advocates - For the Petitioner. M..

Category: Procedural Law | Date: | Hits: 93

Mercantile Fire and General Insurance Co. Ltd. Vs. Bata Shoe Company Pakistan Ltd., 1989, 18 CLC (HCD)

....ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......ate Judge, 4th Court, Dhaka in Money Suit No.25 of 1967. 2. The plaintiff’s case, in brief, is that the plaintiff Bata Shoe Company placed an order with defendant No.1 Mercantile Trading Company for supply of certain quantity of wired glass to be delivered at the factory premises of the plain......ance in the contentions raised by the learned Advocate for the appellant. In the result, the appeal is dismissed without any cost. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 45. ......dwell and Comp. Ltd. Vs. British Dominion General Insurance Co. Ltd. Lloyds List and Shipping Gazette of April 9, 1918; E.D. Sesson & Co. Ltd. Vs. Yorkshire Insurance Co., 16 Lloyd's , 133. Lawyers Involved: A.R. Yusuf, Advocate-For the Appellant. Abul Hossain, Advocate-For the Resp..

Category: Business or Commercial Law | Date: | Hits: 325

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......l, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the catego...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..........Opposite Parties Judgment March 23, 1988. Result: The Rule is disposed of. Case Referred to- Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others, 1943 AIR Cal 427. Lawyers Involved: P.C. Guha, Advocate-For the Petitioners. No one -For the Opposite Party. ..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

.....86. 4. It is stated in the petition that the other part of the decision as contained in Annexure H' vide Memo No.6501/3/ML-2/E/147 dated 1st November, 1986 could not be implemented as Martial Law Proclamation dated 24th March, 1982 was revoked and withdrawn. In view of the withdrawal of the Mart......and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the petitioner for his encadrement into the Senior Service Pool. After successful completion of seven projects in A......an Chowdhury J. - This Rule was issued calling upon the respondents to show cause as to why the direction shall not be issued to them to review the order of dismissal passed on the petitioner under Martial Law Order No. 9 of 1982 as contained in Order No. DS (Enq)/PA-13/85-240 dated 15.10.85 Annex......................Petitioner Vs. The Principal Secretary, President's Secretariat, Dhaka and Others......Respondents Judgment November 14, 1989. Result: The order passed to review. Lawyers Involved: Shamsul Huq Chowdhury with Mahmudul Islam. Salma Masud Chowdhury, Ali Akba..

Category: Employment/Service Law | Date: | Hits: 209

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