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State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......No. 911 of 2006) Noor Hossain- For the convict-appellant (In Jail Appeal No. 912 of 2006). Syed Mizanur Rahman For the convict-appellant (In Jail Appeal No. 913 of 2006). Md. Abdur Rashid- for the convict-appellant (In Jail Appeal No. 914 of 2006). Syed Mizanur Rahman- For the convict......4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ...... State ……………..…. Respondent. Judgment April 9 and 18, 2012. Result: Death Reference No. 87 of 2006 is accepted and all the Criminal Appeals and Jail Appeals are dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney-General with Md. Ensanuddin Sheikh, Md. Nuru..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......lute. The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27 During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ......R (AD) 430, 54 DLR (AD) 170, 15 MLR(AD) 12, Kamaluddin Ahmed Sarwar and others Vs. Mohd. Shahjahan and another, 15 MLR (AD) 422, Nurul Islam and others Vs. Doud Hossain and others, 8 BLT (AD) 174. Lawyers Involved: Mohammad Nazrul Islam with Syed Al Asafur Ali, Advocates - For the defendant-p..Category: Procedural Law | Date: | Hits: 113
Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)
....nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge), Gaibandha Sadar, seeking a decree for certain declaration. The defendant-petitioner entered appearance in that suit and filed a writte......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ...............................Opposite Party Judgment June 25, 2002. Result: The rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and others, 42 DLR 19. Lawyers Involved: Akram Hossain Amin, Advocate—For the Petitioner. No one—For the Opposite..Category: Procedural Law | Date: | Hits: 94
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ......made absolute. Under section 165 of the Code of Criminal Procedure the Sessions Judge concerned can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as......t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..................................(10) Cases Referred to- Arab Bangladesh Bank Ltd. Vs. Md. Shahiduzzaman, Deputy Director, Bureau of Ant-‑Corruption, Dhaka and others, 1998 BLD 167=51 DLR 145. Lawyers Involved: Mubina Asaf for Rokanuddin Mahmud, Advocate—For the Petitioner. Md. Zafa..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......h Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabilities; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and tha...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ses Referred to- Shamsul Alam Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Manzur Alam Vs. State, 55 DLR (AD) 62; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: No one - For the Petitioner. Sakila Rowshan, Deputy Attorney-General - For t..Category: Criminal Law | Date: | Hits: 94
Abu Hena Mostafa Kamal & another Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ......al - For Respondents (In both the Writ Petitions) Writ Petition No.1264 of 2011 with Writ Petition No.1151 of 2011. Judgment Md. Ashfaqul Islam J.- These Writ petitions are taken up together for hearing and disposed of by a single judgment as there involved a common question of law and fa......es impugned against in all the petitions are hereby declared to have been passed without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 334. ...... Bangladesh and others…………………Respondents Judgment January 27, 2011. Result: The Rules are made absolute. Cases Referred to- 6 ITR 51; 44 ITR 726; 111 ITR 650. Lawyers Involved: Mosharraf Hossain with Bazlur Rashid, Advocates - For Petitioners (In both Wri..Category: Fiscal/Taxation Law | Date: | Hits: 167
AFM Hamidul Hoque Vs. Director, National Savings Directorate and others, 2002, 31 CLC (HCD)
....he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......itted and filed petition to the respondents to withdraw the suspension order and to reinstate him in service. But the respondents without paying any heed to his prayer started departmental proceeding for further inquiry and suspended the petitioner from the service. Being aggrieved petitioner moved ......he appeal. Under the above circumstances, we find merit in this Rule. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 455.......Directorate and others……………….Respondents Judgment July 28, 2002. Result: The Rule is discharged. Case Referred to- State Vs. Mohammad Hossain and others, 25 DLR 207. Lawyers Involved: Md. Shahidul Islam Khan, Advocate—For the Petitioner. Md. Moklesur Rahman ..Category: Employment/Service Law | Date: | Hits: 147
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......……………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The Rule is discharged. Lawyers Involved: Shorful Islam Khan, Advocate—For the Petitioner. Sigma Huda, Advocate—Fo..Category: Civil Law | Date: | Hits: 210
Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)
....Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......ariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assista......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ......hury J Moti Miah……………….Petitioner Vs. Ful Miah and others………………….Opposite Parties Judgment January 3, 2008. Result: The Rule is made absolute. Lawyers Involved: MA Kashem Bhuiyan, Advocate - For the Petitioner. None Appears - For the Opp..Category: Property Law | Date: | Hits: 121
Nitai Kumar Mondol Vs. Judge, Artha Rin Adalat, and another, 2008, 37 CLC (HCD)
.... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......ha Rin Adalat Ain, 2003 (briefly as Ain 2003) and the impugned order No.22 dated 9-8-2006 passed by the respondent No.1, in Money Execution Case No.75 of 2004 detaining the petitioner in Civil Prison for a period of six months and issuing warrant of arrest (Annexure-D to the writ petition) should no...... him into jail. Office is directed to communicate the order at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 446. ......r 20, 2008. Result: The Rule is discharged. Cases Referred to- Monsur Ali Vs. State, 55 DLR (AD) 131; Khalilur Rahman Vs. State, 33 DLR 12; Abdul Baset Chowdhury Vs. State, 13 BLC 713. Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the Petitioner. No one appears - For Re..Category: Civil Law | Date: | Hits: 140
Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)
....002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......2, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lo......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ...... of any judicial action by the Court............................(12) Cases Referred to- 30 DLR (SC) 58; Abdul Kader Chowdhury Vs. The State, 28 DLR (AD) 38; 1999 BLD (AD) 20; 51 DLR (AD) 159 Lawyers Involved: Rokanuddin Mahmud, Senior Advocate with Mohammad Mutahar Hossain, Advocate - Fo..Category: Criminal Law | Date: | Hits: 137
Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)
....e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......t Court, Pabna, in Title Appeal No.45 of 2003 affirming those dated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a suit for declarati......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......e absolute. Cases Referred to- Md. Sekandar Ali Shaikh Vs. Dilip Kumar, 3 MLR (AD) 69; Abid Ali Vs. Maleka Khatoon, 37 DLR 137; Nurun Nabi Mondal Vs. Joynal Abedin Khondker, 29 DLR (AD) 137. Lawyers Involved: Ibrahim Mollah, Advocate - For the Petitioners. None Appeared - For the Oppo..Category: Property Law | Date: | Hits: 83
Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)
....ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ......r order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a declaration that the registered sale deed ex......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... Jonab Ali, 17 BLD (AD) 328 = 50 DLR (AD) 13; Ouseph Varghese Vs. Joseph Aley, (1969) 2 SCWR 347; Santosh Kumar Chakrabarty Vs. MA Motaleb Hossain, 36 DLR (AD) 248; 5 MLR (AD) 171 = 5 BLC (AD) 97. Lawyers Involved: Nahid Mahatab, Advocate - For the Petitioner. No one appears - For the Oppos..Category: Property Law | Date: | Hits: 90
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......ঃসাধাঃ নির্বাঃপরি/২০১০/৭৮ dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and Moheshkhali fixing 19-1-2011 for holding Paurashava election without preparing a fresh voter list excluding the Rohingyas, the ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ...... Abul Kalam Shamsuddin Vs. Anti-Corruption Commission, 14 MLR (AD) 153; Basic Engineering Limited Vs. Bangladesh, 2006 (XIV) BLT (HCD) 328; Kazi Mukhlesur Rahman Vs. Bangladesh, 26 DLR (AD) 44. Lawyers Involved: Rafique-ul-Huq, Senior Advocate with Ahsanul Karim, with Jahangir Kabir, Advoca..Category: Election Law | Date: | Hits: 217
Abul Khair & another Vs. State, 2002, 31 CLC (HCD)
....he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......ritical condition was taken to Master Bazar wherein local Dr. A Bari attended him and gave first aid but the condition being critical it was advised that he should be taken to Chandpur Sadar Hospital for better treatment. Accordingly, on way to Chandpur Sadar Hospital Julfu Master died and the dead ......he offence thereunder. Accused-appellant Imam Hossain Patwari be set at liberty, if not required in any other case. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 437. ......002. Result: The Appeal is dismissed. Cases Referred to- Wajear Rahman Moral (Md.) Vs. State, 43 DLR (AD) 25; Amarkumar Thakur and others Vs. State, 1988 BLD (AD) 101=40 DLR (AD) 147. Lawyers Involved: Mojibur Rahman with Md. Tajul Islam Mijee, Advocates—For the Appellants. ..Category: Criminal Law | Date: | Hits: 97
Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)
....us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ......a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ......us (Pre‑emption) Case No.11 of 1987 as expeditiously as possible, preferably within 3 months, from the date of receipt of this order. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 187. ...................Opposite Parties Judgment March 9, 1997. Result: The Rule is made absolute. Cases Referred to- Abdus Samad and others Vs. Md. Sohrab Ali and others, 33 DLR (AD) 113. Lawyers Involved: HN Nondy with Md. Khurshid Alam Khan, Advocates‑For the Petitioners. Bivas..Category: Property Law | Date: | Hits: 94
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......nvolving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respond......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176....... 259; 39 DLR (AD) 59; Writ Petition No.37 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Go..Category: Constitutional Law | Date: | Hits: 353
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......ulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khemkaran, AIR 1927 (Nagpur) 260; Basant Singh and others Vs. Brij Raj Saran Singh and others, AIR 1935 (Privy Council) 132. Lawyers Involved: AKM Nazrul Islam with Jabun Nahar Ayesha, Advocates - For the Petitioner. Md..Category: Procedural Law | Date: | Hits: 103
Hifzur Rahman and 2 others Vs. State, 1995, 24 CLC (HCD)
....plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ...... by the learned Additional Sessions Judge, Sunamganj in Sessions Case No.27 of 1994 should not be set aside. The learned Additional Sessions Judge by the said order rejected the petitioners’ prayer for discharging them from the aforesaid case on the ground that no case has been made out against th......plication. The Rule is accordingly discharged. The order of stay passed earlier is hereby vacated. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 325. ......Cases Referred to- Abdul Wadud Khandaker Vs. State, 16 DLR 255; Abdur Rashid Vs. State, 43 DLR 279; Qazi Fazlullah Vs. State, PLD 1965 Karachi 105; Abdus Sattar Mollah Vs. Crown, 5 DLR (FC) 14. Lawyers Involved: Shawkat Ali Khan with Salma Masud Chowdhury, Advocates - For the Petitioners. ..Category: Criminal Law | Date: | Hits: 102