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Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ...... Golap Barua to Indian Government should not be stayed. 2. This petition is founded on the facts: the petitioner is actively involved with issue of Human Rights at home and abroad. He is concerned for violation of Human Rights, viz, torture, arbitrary arrest, extra-judicial killings, involuntary ...... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......ferred To- Ramos Vs. Diaz, 1498; In re Castioni (1891) 1 QB 14; Barcelona Traction Case; Namibia case (1971); Western Sahara (1975) case; M Saleemullah Vs. Government of Bangladesh, 47 DLR 218. Lawyers Involved: Dr. Kazi Akhter Hamid, Advocate - For the Petitioner. Writ Petition No. 405 ..

Category: Constitutional Law | Date: | Hits: 421

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

....ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ...... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land. 2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ......he appeal is dismissed. Cases Referred to- Hajee Majar Ullah Sowdagar Vs. Mvi Nurul Haque & ors, 23 DLR 68; Sree Jitendra Nath Howlader Vs. Sree Bisweewar Howlader & ors, 42 DLR 253. Lawyers Involved: Khondker Mahbubuddin Ahmed with SM Monir, Advocates - For the Appellant. MA ..

Category: Property Law | Date: | Hits: 113

Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)

....Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......re, in Title Appeal No.36 of 1989 dismissing the appeal and affirming the judgment and decree dated 12-1-89 passed by the Assistant Judge, Jessore, in Title Suit No.197 of 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners file......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ....................................Petitioners Vs. Md. Atiar Rahman Dafadar and others......................Opposite Parties Judgment October 28, 1996. Result: The Rule is discharged. Lawyers Involved: Hasan Foez Siddique with AKM Moniruzzaman and Md. Ruhul Quddus, Advocates– Fo..

Category: Property Law | Date: | Hits: 85

Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ...... as an Advocate of the Supreme Court of Bangladesh in the year 1972 and became a Member of Bangladesh Supreme Court Bar Association in the year 1986. He was appointed as Additional Government Pleader for Dhaka District on 1-7-1991. Thereafter he was appointed as Government Pleader for Dhaka District......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......esent: Md. Mozammel Hoque J Md. Abdul Matin J Kazi Mokhlesur Rahman……………………………………………………………………Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and other..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....Moshtaque Ahmed proclaimed Martial Law all over the country by his proclamation dated 20th August, 1973, he maintained the Constitution of Bangladesh with a condition that 'subject to the Martial Law Proclamation, Martial Law Regulation and Martial Law Orders, the Constitution of Bangladesh would co......itional Attorney-­General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc...... of President Shaikh Mujibur Rahman, and put him in the office of the President of Bangladesh. Khondaker Moshtaque Ahmed assumed the power of the Government as President on 15‑8‑75 and proclaimed Martial Law on 20th August, 1975, with effect from 15th August, 1975, throughout the country. Though......inal Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others.................................Respondents (In Writ Petiti..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......ামলা দায়েরের ক্ষেত্রে”as used in section 32 (1) of the Durnity Daman Commission Ain, 2004 raise some confusion. Obviously it does not mean lodgment of first information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman ......rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......chedule offence of the Anti-Corruption Commission Act, 2004.………………………………….(8) Cases Referred to- Bayazid Vs. State 61 DLR 772; Abdul Huque Vs. State 60 DLR (AD) 1. Lawyers Involved: Fazle Rabbi, Advocate-For the Petitioners. AKM Fazlul Hoque. Advocate-For th..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420....... filed by the petitioner and the order dated 2‑1‑2003 passed by the respondent No.5 rejecting the nomination paper filed by the petitioner and also the Memo dated 9‑1‑2003 declaring the pro forma respondent No.6 as uncontested Chairman, shall not be declared void and is of no legal effect....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420......., AIR 1956 (SC) 141; Shri Bari Ram Vs. Smt. Prasani and others, AIR 1959 (SC) 93; Rangilal Chowdhury Vs. Dahu Sao and others, AIR 1962 SC 1248 and Hira Singh Pal Vs. Madan Lal, AIR 1968 SC 1179. Lawyers Involved: Dr. M Zahir with Khaled Hamid Chowdhury, Advocates—For the Petitioner. Abd..

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417.......Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants. 2. Short facts relevant for the purpose of the......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417....... Rahman and others, 1997 BLD 177=49 DLR 187; MM Ispahani Limited Vs. Sonali Bank and others, 1984 BLD (AD) 242=37 DLR (AD) 1; Bank of Bihar Limited Vs. Damodar Prased and another, AIR 1969 SC 297. Lawyers Involved: AQM Safiullah, Advocate—For the Petitioner. Syed Ishtiaq Ahmed, Counsel—..

Category: Civil Law | Date: | Hits: 101

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ...... Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Oppos......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......le is discharged. Cases Referred to- Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul ..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

....o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ......a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ...... Cases Referred to- Secretary of State represented by the Collector of South Acrot Vs. Mask & Co., 44 CWN 709 (Privy Council); Rafiqul Alam (Md.) Vs. Mustafa Kamal and ors, 42 DLR (AD) 137. Lawyers Involved: AF Hassan Ariff with Khaleda Zaman, Siper Mustofa, Advocates—For the Petition..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

.... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......onal District Judge, 1st Court Barisal in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposi...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......Ors. 31 DLR (AD) 195; Bangladesh Vs. Haji Abdul Gani, 32 DLR (AD) 233; Abdul Khaleque Sarnamat Vs. Abdul Kkaleque Sarnamat and another, 1 BLC (AD) 90; Abu Bakker Vs. Nazir Ahmed, 34 DLR (AD) 237. Lawyers Involved: Md. Shamsul Haque, Advocate‑For the Petitioner. Syed Ziaul Karim, Advocate..

Category: Property Law | Date: | Hits: 114

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

....ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......ant SM Habibullah Hablu alias AS Habibulla alias Hablu in Criminal Appeal No. 869 of 1993 have been convicted under section 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutivel......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......, 1994. Result: The appeals are allowed. Cases Referred to- Nurul Islam Vs. State 8 BLD (1988) 106; Arshadullah and Nurul Islam Vs. State 21 DLR 684; Abul Hashem Vs. State, 44 DLR 159. Lawyers Involved: Shawkat Ali Khan with Syed Golam Mustafa and Umme Kulsum Rekha, Advocates– Fo..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......icting appellants, Amir Hossain Dhali and Abu Bakar Matbar along with seven other accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer imprisonment for life and to pay a fine of Taka 5,000.00 each, in default, to suffer rigorous imprisonment for th......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ...........Respondents Judgment March 4, 1997. Result: The appeal is discharged. Cases Referred to- Fazlul Haque Vs. State 11 DLR 316; Abdul Mannan and others Vs. State 44 DLR (AD) 60. Lawyers Involved: Syed Ziaul Karim with Md. Khurshid Khan and Syeda Maimuna Begum, Advocates‑ F..

Category: Criminal Law | Date: | Hits: 85

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......l Revision Nos. 121 to 125 of 1996 with Civil Revision No.369 of 1996. Judgment Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases. 2. Government had acquired in accordance......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......……………Petitioner Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others.........Opposite Parties Judgment August 19, 1996. Result: The rule is discharged. Lawyers Involved: AF Hasan Arif, Advocate‑ For the Petitioners (In all the Civil Revisions). ..

Category: Property Law | Date: | Hits: 84

Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)

....spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... petitioner calls in question the legality and pro­priety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscellaneos Case No.930 of 2008 for transfer of Title appeal No.522 of 2003 from the sixth Court of Additional District Judge to the......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ...... Nasiruddin (Hazi Md.)………………Petitioner Vs. Md. Mozammel Hossain and others………………Opposite Parties Judgment March 9, 2010. Result: The Rule is discharged. Lawyers Involved: Md. Saidur Rahman, Advocate - For the Petitioner. Md. Mamun Kabir, Advocate ..

Category: Procedural Law | Date: | Hits: 108

Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

....d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......ssed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009 convicting the appellants under section 5(2) of the Prevention of Corruption Act, 1947 and sentencing appellant Nurul Islam for 5 years rigorous imprisonment and also to pay fine of Taka 5,000 in default to suffer rig­orous......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......J Jahangir Alam and others………………………Appellants Vs. State……………………Respondent Judgment February 22, 2011. Result: Both the appeals are allowed. Lawyers Involved: Khandaker Gulzar Hossain with Md. Haroon-or-Rashid with Md. Nazrul Islam, Advoc..

Category: Criminal Law | Date: | Hits: 142

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433....... Salma Masud Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......llular Vs. Union of India; Ekushey Television Ltd. and others Vs. Dr. Chowdhury Mahmood Hasan and others, 2002 BLD (AD) 163=54 DLR (AD) 130; Hyundai Corporation Vs. Simiking busam, 54 DLR (AD) 88. Lawyers Involved: Tawfique Nawaz with Muhammad Feroze and Atiqul Karim, Advocates—For the Petit..

Category: Others | Date: | Hits: 174

Dr. Abida Sultana Bhuiyan Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others, 2003, 32 CLC (AD)

....lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ...... as the Joint Secretary and Vice President of Bangladesh Medical Association (BMA). He is at present President of Shadhinota Chikitsha Parishad. The detenu has established two private Medical Clinics for rendering medical service to the poor people, the detenu was arrested on the night following 16......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......desh represented by the Secretary, Ministry of Home Affairs, and others…………………………………….Respondents Judgment March 4, 2003. Result: The Rule is made absolute. Lawyers Involved: Rokanuddin Mahmud with Md. Asaduzzaman—For the Petitioner. Mohammad Abdull..

Category: Criminal Law | Date: | Hits: 104

Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)

.... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......ed of by this single judgment. 2. The petitioners in both the Rules as plaintiffs filed Title Suit Nos.172 of 1991 and 173 of 1991 in the court of Assistant Judge, 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar res...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......thers………………………Petitioners Vs. Md. Shamsul Alam alias Md. Alam…………………….Opposite Party Judgment April 1, 2002. Result: These Rules are discharged. Lawyers Involved: Mahmudul Islam, Advocate—For the Petitioners. MI Faruqui with M Saleemulla..

Category: Procedural Law | Date: | Hits: 100

Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)

.... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......1635 dated 27-1-2005. He has Tax Identifica­tion Number (TIN) Number being 917-105-2188/ 2006-07/680 dated 1-2-2007. 3. During the State of Emergency of 11-1-2007 on 24-1-2007 in the name of Task-force the respon­dent No.4 arbitrary seized a series of goods from the Bagachara Bazar and also fro...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......)……………………Petitioner Vs. Magistrate (Abu Zafar) Jessore and others……………………Respondents Judgment August 10, 2010. Result: The Rule is made absolute. Lawyers Involved: Md. Khurshid Alam Khan with Mohammad Hossain, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 94