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State Vs. Dr. Md. Nurul Islam, 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: ......53 of 2005. Judgment Afzal Hossain Ahmed J. - This Death Reference has been made under Section 374 of the Code of Criminal Procedure by the learned Additional Sessions Judge, 1st Court, Naogaon for confirmation of the sentence of death dated 10.7.2005 imposed upon the Condemned prisoner Dr. Md...... 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: ......t (In Criminal Appeal No. 2953 of 2005) Judgment November 23 & 28, 2011. Result: The Death Reference is rejected. The Jail Appeal is dismissed. Criminal Appeal is dismissed. Lawyers Involved: Md. Jahangir Alam , Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nuru..Category: Criminal Law | Date: | Hits: 104
State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)
....Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......f 2011) (In Jail No. 1040 of 2005) (In Jail Appeal No. 1041 of 2005) (In Jail Appeal No. 1042 of 2005). Jamir Uddin Sircar with Md. Idris Khan, Md. Shahjahan, Md. Amirul Islam, Sufia Akter Helen - for the informant to assist the State(In Death Reference No. 134 of 2005). Khairul Alam - on beha......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... Criminal Appeals being Nos. 3838 of 2005, 3873 of 2005, 4103 of 2005, 4497 of 2005, 4321 of 2005, 1139 of 2008 and 4490 of 2011 are allowed. The Criminal Appeal no. 4093 of 2005 was dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney General, Md. Ensanuddin Sheikh and Md. Nurul..Category: Criminal Law | Date: | Hits: 93
Abdul Mannan Sikder Vs. Matilal Dhupi and others, 1998, 27 CLC (HCD)
.... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......sal of the suit and restoring the same to its original file and number. 2. The opposite parties as plaintiffs instituted a suit in the 6th Court of Munsif, Barisal being Title Suit No.479 of 1994, for a declaration that the decree passed in Title Suit No.244 of 1973 is illegal, void and not bindi...... months from the date of receipt of this order, without granting adjournments to the contending parties except on compelling reasons. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......ers.......................Opposite Parties Judgment March 25, 1998. Result: The Rule is discharged. Case Referred to- Rafiqul Islam and another Vs. Abul Kalam and ors, 42 DLR 19. Lawyers Involved: Golam Mostafa, Advocate - For the Petitioner. Abdul Quayum, Advocate - For t..Category: Procedural Law | Date: | Hits: 87
Abdur Rahman Molla Vs. State, 1998, 27 CLC (HCD)
....ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ......R (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K S Hossain, Advocate - For the Informant. MA Rouf, Assistant Attorney-General - For the State. Criminal Miscellaneous Case No.1......ch Deputy Commissioner, Narail is directed to take steps for his arrest. Communicate the order to the Deputy Commissioner, Narail. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 403. ...... The Rule is discharged. Cases Referred to- Atikullah Khan Masud Vs. State, 15 BLD (AD) 14; Golam Haider Vs. Karim Box, 15 DLR (SC) 2; Mohammad Belayet Hossain Sharif Vs. State, 18 BLD 172. Lawyers Involved: Md. Forid Ahmed with Iqbal Hye Chowdhury, Advocates - For the Petitioner. K ..Category: Criminal Law | Date: | Hits: 93
Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)
....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......at the instance of petitioner Pranajit Barua elder brother of the detenu Suranjit Barua (Labu) calling upon the state to show cause as to why the detenue Suranjit Barua (Labu) shall not be produced before the Court and order of detention passed against him on, 4-5-1998 shall not be declared void, il......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......tary Ministry of Home Affairs, 28 DLR 48; Emperor Vs. Shibnath Banerjee, AIR 1946 (PC) 159; Sultanara Begum Vs. Secretary Ministry of Home Affairs, 38 DLR 93; Pearu Mahammad Vs. State, 44 DLR 603. Lawyers Involved: Abdul Salam Mamun, Advocate - For the petitioner. MA Rouf Assistant Attorney..Category: Criminal Law | Date: | Hits: 72
Shainpukur Holding Ltd. Vs. Security Exchange Commission, 1997, 26 CLC (HCD)
....the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ...... Criminal Reference Nos.1, 2 and 3 of 1997 Judgment Kazi Ebadul Hoque J. - These three References under section 438 of the Code of Criminal Procedure have been sent by the Sessions Judge, Dhaka for quashing the proceedings of CR Case Nos. 1075 of 1997, 1976 of 1997 and 1080 of 1997 pending bef......the criminal proceedings pending before the CMM Dhaka. In the result, the References are rejected and order of stay stands vacated. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 291. ......1; Abdul Ali Vs. State, 30 DLR (SC) 58; Dost Mohammad Vs. State, 29 DLR 122; Siraj Miah vs. Bangladesh, 32 DLR (AD) 35; Nokes Vs. Doncaster Amalgamated Collieries Ltd., (1940) AC 1014 (at P 1022). Lawyers Involved: Serajul Huq, Rafiqul Huq, ABM Golam Majid, Anisul Huq with Taufika Karim, Advoc..Category: Business or Commercial Law | Date: | Hits: 219
Chittagong Port Authority Vs. Md. Ishaque and others, 1983, 12 CLC (AD)
....nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364........A. No.25 of 1970). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of Money Suit No.127 of 1965 filed by respondent Nos. 1 and 2 as plaintiff against the appellant for recovery of an amount of Tk. 12,000/- as compensation for non-delivery of six cases of umbrella ......nstruction of the sections may not necessarily be taken as approved. In the result therefore this appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 364.......ing Vs. Co. P.S.M.S. Saheb, AIR 1959 Mad 367; E.I. Rly. Vs. Piyare Lal, AIR 1928 Lah 774; Barbant Vs. King, 1895 AC 632; Ranson Vs. Platt, 1911 2 KB (CA) 291; Coldman Vs. Hill, 1919 1 KB (CA) 443. Lawyers Involved: Mozammel Huq, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Rec..Category: Civil Law | Date: | Hits: 112
Bangladesh Vs. Dr. Nasiruddin, 1983, 12 CLC (AD)
....this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......dgment and order of the High Court Division passed in F.A. No. 431 of 1968 affirming the judgment of the Subordinate Judge, Dhaka with modification. 2. The plaintiff respondent instituted the suit for declaration that the order of compulsory retirement of the plaintiff vide Notification No.14......this appeal is allowed and the judgment and order of the Courts below are set aside and the plaintiff's suit is dismissed. No costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 359. ......he appeal is allowed. Cases Referred to- Amir Hossain's case, PLD 1963 (SC) 185; Zafrul Ahmed’s case, 12 DLR (SC) 921; Murzuqullah, (1969) 21 DLR (SC) 16; Naziruddin Ahmed, 25 DLR (SC) 94. Lawyers Involved: A.W. Bhuiyan, Additional Attorney-General, instructed by Zinnur Ahmed, Advocate..Category: Employment/Service Law | Date: | Hits: 196
Md. Zahir Abdullah Khan @ Zahir Abdullah Khan & others Vs. Abdul Latif & others, 1983, 12 CLC (AD)
....d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......d to the defendant No.4 and in 1972 the Pourashava relinquished their right over room Nos. 2, 3, 4 and 5 in favour of defendant No.4 by a deed of Nadabi. The Pourashava served a notice on 15.9.72 informing the plaintiff that the proprietary right of room No.3 which was allotted to him has been tra......d. Judgment and decree of both the Courts below are set aside and the plaintiffs' suit is dismissed. There will be, however, no costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 354. ......Vs. Dara Shah, AIR 1936 Nagpur 282; Moazame Shaikh Vs. Annada Prasad, 46 C.W. No.367; Jones Vs. Foby, (1891) 1 Q.B. 731; Rammohan Chowdhury Vs. Tejendra Lal Chowdhury, 6 DLR 577; AIR 1928 All. 95. Lawyers Involved: Khondker Mahbubuddin Ahmed, Sr. Advocate (Mahbubey Alam, Advocate with him) i..Category: Property Law | Date: | Hits: 99
....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......ich arises out of a pre-emption proceeding under section 24 of the Non-Agricultural Tenancy Act, 1949. The respondents filed application under section 24 of the Non-Agricultural Tenancy Act, 1949 for pre-emption of the auction sale on 24-10-1973 in Certificate Case No.408 of 1967-1968 held by ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 338.
......al, 33 DLR (40) 309; Begum Asia Rahman, 26 DLR (SC) 58; Mofizuddin Patwary, 33 DLR (AD) 305; Ahdul Rouf Vs. Amuda Khatun, 33 DLR (AD) 323; Balai Chandra Mondal Vs. Nibaran Chandra Das, 51 CWN 644.
Lawyers Involved:
Hamidul Huq Chowdhury, Mozammel Huq, Senior Advocates, A Y Masihuzzaman, Advoca..
Category: Property Law | Date: | Hits: 128
Nasiruddin Ahmed Pintu (Md.) Vs. State, 2010, 39 CLC (HCD)
....se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......ntion of Corruption Act, 1947, pending in the 1st Court of Special Judge at Sher-e-Bangla Nagar, Dhaka, so far as it relates to the accused-petitioner, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that Md. Shah Jalal, Sub-Inspector of Police attached to Haz......se No.15 of 2007 pending in the 1st Court of the Special Judge, Dhaka, is hereby recalled. The case will proceed in accordance with law. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 214.......sult: The Rule is discharged. Cases Referred to- RS Nayak Vs. AR Autulay, AIR 1984, Supreme Court, 684; Ramesh Balkrishna Kulkarni Vs. State of Maharashtra, 1985 Supreme Court Cases, 606. Lawyers Involved: SM Shahjahan, Advocate - For the Petitioner. AKM Zahirul Huq, Assistant Atto..Category: Criminal Law | Date: | Hits: 230
Sayeed Ahmed Chowdhury and others Vs. SM Zahidul Islam (Zahid) & another, 2011, 40 CLC (HCD)
....eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ......ts first is that, there must be an order of the Labour Court and a person is found to be disobliged or did not comply the order passed by the Labour Court, and then can only be brought to the trial before the Labour Court which actually is like a contempt of Court proceeding and can punish unde......eby quashed. The order of stay granted earlier is hereby vacated. Communicate the order once. Send down the LCR. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 212. ...... well settled by this time that this is not wise to bring the civil dispute before the Criminal Court in order to put pressure upon the party, and the proceedings liable to be quashed.......(12) Lawyers Involved: Abdur Razaque Khan with Md. Nesar Ahmed and Md. Nurul Huda, Advocates - For P..Category: Labour and Industrial Law | Date: | Hits: 201
Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ......ending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The fact relevant for disposal of the rule, in short, is as follows: That all the accused petitioners of this case ......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ...... Cases Referred to- Muslimuddin Vs. State, 38 DLR (AD) 31; Paran Chadra Barai Vs. State, 2 BCR 292, (Para-II); 6 BCR (AD) 225; Afzalul Abedin Vs. Government of Bangladesh, 10 BLT 490=8 BLC 601. Lawyers Involved: Mahmudul Islam with Probir Neogi, Advocates - For the Accused Petitioners. M..Category: Criminal Law | Date: | Hits: 132
Gazi Wires Ltd. Vs. National Board of Revenue and others, 1998, 27 CLC (HCD)
....and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......ure-G) to the petition demanding Taka 6,32,66,570.40 as the unpaid excise duty should not be declared to have been passed without any lawful authority and is of no legal effect. 2. The short facts for disposal of this Rule are that the petitioner Company has been carrying on business as manufactu......and G to the petition are hereby declared to have been made/passed or issued without any lawful authority and to be of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 393.......sain J Gazi Wires Ltd……………Petitioner Vs. National Board of Revenue and others………………Respondents Judgment April 1, 1998. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein and Manzur Kader, Advocates - For the Petitioner. Not Represen..Category: Fiscal/Taxation Law | Date: | Hits: 169
..... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
...... 79 of 1997 and 1472 of 1996.
Judgment
Mahfuzur Rahman J.- All the writ petitions namely, Writ Petition Nos. 781/94, 1377/95, 1855/96, 4893/96, 79 of 1997 and 1472 of 1996 are taken up together for disposal since in all the cases vires of the Ordinance No.54/85 has been challenged.
2. In al....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 372.
......try of Works and ors., 42 DLR (AD) 86; Iqbal Ahmed Quraishi Vs. Bangladesh, represented by the Secretary, Ministry of Works, Government of the People’s Republic of Bangladesh, Dhaka, 45 DLR 416.
Lawyers Involved:
MI Farooqui with Salimullah, Khurshid Alam Khan and Razia Sultana, Advocates - ..
Category: Property Law | Date: | Hits: 150
Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......of the Bangladesh Cadet Colleges. 4. The petitioner while holding the post of Major General having been promoted on 8-8-80 his service was placed at the disposal of the Ministry of Foreign Affairs for appointment as Ambassador after assassination of President Ziaur Rahman. The petitioner although...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......titioner Vs. Government of Bangladesh represented by the Secretary and others………………Respondents Judgment October 23, 1997. Result: The petition is rejected in limine. Lawyers Involved: Dr. Kamal Hossain with HR Sharif, Advocates - For the Petitioner. Writ Petit..Category: Employment/Service Law | Date: | Hits: 244
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329.......uered career. On 28.6.71 one Kazi Habibur Rahman and four of his children were killed by gun shot injuries and their house was burnt to ashes. On the same date Kazi Harunur Rashid lodged a First Information Report at Rajapur police station but no names of any accused were mentioned therein. On 12......gistrate, Jhalakati and another further investigation was directed, whereupon a supplementary charge-sheet dated 8.4.78 was submitted by police against the appellant and several others. When the Martial Law was lifted the case was sent to the Court of Session, Barisal and the learned Sessions J..............Respondent Judgment May 8, 1983. Result: The appeal is dismissed. Cases Referred to- Bakshu Mea Vs. Bangladesh, 30 DLR (AD) 228; Sikandar Ali Vs. State, 31 DLR (AD) 134. Lawyers Involved: Moinul Hossain, Advocate, with Md. Joynal Abedin, Advocate, instructed by Md. A..Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......80 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the question whether the accused being a public servant prior sanction for his prosecution was mandatory under section 6(5) of the Criminal Law Amendment Act, 1958 and t......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324.......tate and another……………………Respondent Judgment May 4, 1983. Result: The appeal is allowed. Case Referred to- Mahboob Ahmed Vs. The State, PLD 1963 (WP) Karachi 692. Lawyers Involved: Fazlul Karim, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-reco..Category: Criminal Law | Date: | Hits: 81
Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)
.... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ......5). Judgment Fazle Munim CJ.- This appeal arises from First Appeal (Probate) No.20 of 1975. Plaintiff respondent filed Civil Suit No.1 of 1972 in the Court of the District Judge, Chittagong for granting him Letters of Administration in respect of the estate of Pitambar Karmakar with a copy...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... 1962 AIR SC 567; Manindra Chondra Lala Vs. The Mahaluxmi Bank Limited (1944-45) 49 CWN PC 481; Susama Bala Vs. Anath Nath (1976) AIR Cal. 377; Binoditti Debya Vs. Hriday Nath Ghoshal, 12 CWN 424. Lawyers Involved: M. H. Khondkar, Advocate, (Formanullah Khan, Advocate with him), instructed by ..Category: Property Law | Date: | Hits: 80
Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)
.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......rt Division in Civil Revision No.1479 of 1979 setting aside the order passed by the District Judge, Sylhet in Misc. Case No.4 of 1979. 2. The plaintiffs respondents filed S.C.C. Suit No.24 of 1976 for eviction of the appellant. The suit premises belonged to Rajani Kanta Singh, husband of the pl...... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310.......Judgment April 11, 1983. Result: The appeal is allowed. Cases Referred to- Kesho Vs. Goyal and Company, AIR 1938 Lahore 95; R. Vs. Judge of Essax County Court, (1887) 18 Q.B.D. 704. Lawyers Involved: M.H. Khondker, Senior Advocate instructed by Mr. Md. Aftab Hossain, Advocate-..Category: Property Law | Date: | Hits: 113
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