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Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....n J Khalilur Rahman....................................Petitioner Vs. State…………………………..............Opposite Party Judgment March 7, 1988. Result: The Rule is made absolute. Cases Referred to- Sakyapada Barua & ors. Vs. The State and others, 38 DLR 8...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ......s - For the State. Criminal Revision No. 52 of 1987. Judgment Md. Abdul Jalil J.- This Rule was issued on an application filed under section 561A of the Code of Criminal Procedure against an order dated 27.5.78 taking cognizance of an offence under secs. 395 and 397 of the Penal Code by the...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....o order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ......er J.- This Rule was issued upon an application under section 115 of the Code of Civil Procedure by the petitioner who was elected Chairman of the Nalchity Upazila Parishad against the judgment and order dated 24.2.87 passed by the learned District Judge, Jhalakati in election Appeal Nos.2 of 1986......e said Upazila Parishad is void as a whole. In view of the facts and circumstances of the case there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 379. ..Category: Election Law | Date: | Hits: 252
Shawai @ Mohammad Hussain & others Vs. State, 1989, 18 CLC (HCD)
....1 DLR (HCD) (1989) 373. ......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ......ahuddin Hossain J Qazi Shafi Uddin J Shawai @ Mohammad Hussain & others.........Appellants Vs. State........................Respondents Judgment April 2, 1989. Result: The order of conviction and sentence of appellant is set aside and the appeal is allowed. Cases Refer......Khurshed and Sujan their appeal is dismissed and order of conviction is modified as indicated above but the sentence is maintained. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 373. ..Category: Criminal Law | Date: | Hits: 128
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
....riginal Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Choudhury J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..........s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ......after instituted Mutation Case Nos.91, 92 and 93 of 1979 before the Circle Officer (Revenue), Moulvibazar. After compliance of necessary formalities all the three mutation cases were allowed vide order dated 13.11.79. The respondent No.4 Syed Mohsin Ali and his 5 brothers filed an objection peti......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
Al-haj Mirza Shamsuddin Beg and others Vs. Bangladesh & another, 1989, 18 CLC (HCD)
....ch) (Special Original Jurisdiction) Present: Mustafa Kamal J Mahmudul Amin Chowdhury J Al-haj Mirza Shamsuddin Beg.............................................Petitioner Vs. Bangladesh & another.............................................................Respondents (Writ Pe......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356.......ssion Ordinance, 1970 (Ordinance No.XXIV of 1970) after canceling the allotments and the tenancy as the case may be. 7. The Division Bench, therefore, made the 55 Rules Nisi absolute without any order as to posts. 8. Against this judgment and order of the Division Bench the then Dhaka Pour......they should pay the costs in the Rules. In the result all the Rules Nisi are made absolute with costs against the respondent No.2. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 356...Category: Property Law | Date: | Hits: 145
Abdul Khaleque and others Vs. State, 1988, 17 CLC (HCD)
....informed him that somebody has killed his sister. On hearing the news he along with local Chairman Abdul Mukit, Bashir Miah and Akhlus Ali went to the house of his sister and found his sister lying dead on the floor of the west bhiti hut with an injury on the left side of her back and blood oozing o......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349.......e alleged offence and they have been falsely implicated in the case. 6. The learned Additional Sessions Judge after examination of the P.Ws. and considering evidence on record, by his judgment and order dated 16.2.82 convicted the appellant No.1 Abdul Khalek and appellant No.2 Mohubullah under ......et the appellant Nos.1 and 2 be set at liberty if not wanted in any other case and the appellant No.3 be discharged from her bail bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 349...Category: Criminal Law | Date: | Hits: 101
....operty as vested and non-resident property is illegal and without jurisdiction. It is the case of the plaintiff that the suit property originally belonged to Kailash Chandra Das, Nitta Nanda Das and Radhakanta Das and their names were duly recorded in CS Khatian. By amicable partition the present su......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
...... Chandra Paul left this county long ago and was permanently residing in India, the Government took over that property as vested, and non‑resident property. The plaintiff created forged documents in order to grab the suit property.
4. On the aforesaid pleadings of the parties four issues were fr......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
..
Category: Property Law | Date: | Hits: 134
Mathura Mohan Pandit Vs. Hazera Khatun, 1994, 23 CLC (HCD)
.... This Case is also Reported in: 48 DLR (HCD) (1996) 190. ...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ......e Petitioner. Golam Mohiuddin, Advocate - For the Opposite Party. Civil Rule No.210(R) of 1993. Judgment AM Mahmudur Rahman J.- By this Civil Rule the petitioner seeks review of the Civil order No.2160 of 1993 passed on 2.8.1993 by Syed Fazle Ahmed, J. 2. The plaintiff‑opposite part...... but when he had no jurisdiction the question of exercise of Jurisdiction does not arise. In the result the Rule is made absolute. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 190. ..Category: Civil Law | Date: | Hits: 157
State Vs. Khalilur Rahman, 1995, 24 CLC (HCD)
....ssed. Cases Referred to- Woolmington Vs. Director of Public Prosecution, 1935 AC 462; Benoyendra Chandra Pandey Vs. Emperor, AIR 1936 Cal 73; Ramasyami Naick Vs. Rangaswami Chettiar, AIR 1937 Mad 968; Istahar Khendakar Vs. Emperor, ILR 62 Cal 956; Horilal Vs. Emperor, AIR 1933 All 893; Ghrupa......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ......ur Rahman called Sikim Ali to his house from the paddykhola of Bahadur and asked him to allow passage through his house. Sikim Ali, did not agree and there was a quarrel between the panics and on the order of Nasim, Khalil drove his sharp sulfi on the abdomen, of Sikim Ali and caused serious injury.......nced him to suffer RI for the period already undergone. He may be released forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 184. ..Category: Criminal Law | Date: | Hits: 139
Judges of the High Court Division Vs. Ashok Kumar Karmaker, 1995, 24 CLC (HCD)
....‑ For the Contemners 2 & 3. Serajul Huq, Assistant Attorney‑General ‑ For the State. Criminal Miscellaneous Contempt Case No. 814 of 1995. Judgment A M Mahmudur Rahman J.- We upon reading the article "The Parliament and the Judiciary at loggerheads?" published in the Daily Star on ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ......take up first the case of contemner No.1 Mr. Ashok K Karmaker. The article covering 6 columns is on the ability of the power and ability of the Judges of the High Court Division to issue Rule and the order passed in exercise of their power under Article 102 of the Constitution of the People's Republ......udgment be sent to the Ministry of Law, Justice and Parliamentary Affairs of the Government of the People’s Republic of Bangladesh. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 179. ..Category: Criminal Law | Date: | Hits: 149
Shahidullah Kazi, Amjad Hossain Vs. State, Abul Kasem, 1995, 24 CLC (HCD)
....petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ......trash Mulak Aparad Daman Ain 1992. Thereafter on 20.4.90 Sessions Judge Gazipur as, Santrash Mulak Aparad Daman Tribunal registered the same as Tribunal Case No.5 of 1993. 4. It appears from last order dated 23.6.93 that the tribunal framed charge against the accused persons under sections 326/3......Gazipur for proceeding with the case under sections 326/307 of the Penal Code against the accused petitioners in accordance with law. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 178. ..Category: Criminal Law | Date: | Hits: 97
Shahadat Chowdhury Vs. Md. Ataur Rahman, 1996, 25 CLC (HCD)
....cate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......e petition of complaint. In the result, the Rule is made absolute. Proceedings of CR Case No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ......No.204/1/a/91 pending in the Court of Chief Metropolitan Magistrate, Dhaka, is quashed. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 176. ..Category: Criminal Law | Date: | Hits: 125
Muslim Halder (Md.) Vs. Hajrat Ali Halder & others, 1995, 24 CLC (HCD)
.... Result: The Rule is discharged. Cases Referred to- Aseruddin Sk Vs. Serqiuddin Talukder, 30 DLR 75; Tayeb Ali and another Vs. Abdul Mutlib in Civil Appeal No.30 of 1983; Abdul Khaleque Vs. Jadab Chandra Mali, 20 DLR 562. Lawyers Involved: Mohammad Ali, Advocate ‑ For the Petitioner......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ......ate ‑ For the Petitioner. SR Karmaker, Advocate ‑ For the Opposite Party. Civil Revision No. 670 of 1985. Judgment Abu Sayeed Ahammed J.- This Rule was issued against the Judgment and order dated 28.7.86 passed by the Subordinate Judge, Munshigonj dismissing the Misc. Appeal.382 of 1......nted earlier by the Court on 19.9.1985 is hereby vacated. No order as to costs. Send down the records to the Courts below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 175. ..Category: Property Law | Date: | Hits: 106
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
....ner Vs. Shah Iqbal Ahsan and others………………………opposite Parties Judgment July 19, 1995. Result: The Rule is discharged. Case Referred to- Khan Sahib Khan Muhammad Saadat Ali Khan Vs. Administrator of the City Corporation of Lahore, PLD 190 (Lahore) 541. Law......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......site parties. Civil Revision No.3571 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule was obtained by the defendant in SCC Suit No.21 of 1984 (renumbered as SCC Suit No.21 of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defen......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ..Category: Procedural Law | Date: | Hits: 125
Hafiz Ahmed Vs. Ahmedur Rahman and others, 1995, 24 CLC (HCD)
.... Present: Abu Sayeed Ahammed J Hafiz Ahmed.............Petitioner Vs. Ahmedur Rahman and others.................Opposite party Judgment March 20, 1995. Result: The Rule is made absolute. Cases Referred to- Shamsuzzoha Nurul Amin Vs. Province of East Pakistan, 22 DLR ......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ......id facts and circumstances of the case. the discussions and for the reasons above I hold that the transfer in question made as gift by Ext 3 is beyond the scope of Pre‑emption. So the Judgments and orders of the Court below cannot be sustained and are liable to be set aside. In the result, ther......llowing the pre‑emption are set aside. The pre‑emption case is dismissed. No order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 170. ..Category: Property Law | Date: | Hits: 127
....ions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376.......s separately issued in each of above 16 writ petitions under Article 102 of the Constitution of the People’s Republic of Bangladesh calling upon the respondents to show cause as to why the impugned order of termination dated 17-8-97 issued under Rule 50(2) of Bangladesh Public Administration Train......olved in all the writ petitions, these are heard together and being disposed by same judgment which will govern all the writ petitions.
Ed.
This Case is also Reported in: 51 DLR (1999) (HCD) 376...
Category: Employment/Service Law | Date: | Hits: 160
Shahjahan (Md.) Vs. State, 1999, 28 CLC (HCD)
....r surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373....... Rouf Assistant Attorney-General - For the State. Death Reference No.13 of 1994. Judgment Abu Sayeed Ahammed J.- This Death Reference No.13 of 1994 has been made by the impugned judgment and order dated 10-7-94 passed by the Sessions Judge, Kishoreganj in Sessions Case 93 of 1993 awarding s...... into life imprisonment. The sentence of life imprisonment will start from the date when the accused will be apprehended or surrenders. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 373...Category: Criminal Law | Date: | Hits: 130
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....bove case was started on the basis of First Information Report lodged by District Anti-Corruption Officer, Kushtia. The allegation is that, accused Nazrul Islam, Sub Assistant Engineer, Upazila Parishad, Mirpur, Kushtia submitted a project for re-excavation of a pond giving an excessive area of the ......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368.......rocedure as those stood before 1992 are as follows: (5) If investigation is not concluded within sixty days from the date of receipt of information relating to the commission of the offence or the order of the Magistrate for such investigation, the Magistrate empowered to take cognizance of such ......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
.... This Case is also Reported in: 51 DLR (1999) (HCD) 357.......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the same defendant-appellant against the judgment and order dated 9-2-95 passed by the same Court in Miscellaneous Case No.129 of 1994 under Order 47 rule......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357...Category: Business or Commercial Law | Date: | Hits: 525
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....ent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352....... at by the Courts below. The judgment of the Courts below, thus, do not warrant any interference by us. 16. The Rule is devoid of any substance and the same is, accordingly, discharged without any order as to costs. The judgments of the Courts below stand maintained. 17. Order of stay granted ...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352...Category: Family Law | Date: | Hits: 211
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