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Abdul Jabber and others Vs. Mohammad Sekander and others, 1998, 27 CLC (HCD)

....or plot number, therefore, the land transferred under pre-emption can be called and termed as a part of holding. 4. The appellate Court has rightly held that since the suit land is situated within Bangladesh and as no exemption was made by any Gazette Notification or the area where the case land ......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ......ted 7-6-87 passed by the Assistant Judge, Moheshkhali Cox’s Bazar passed in the pre-emption Misc. Case No 17 of 1986 under section 96 of the State Acquisition and Tenancy Act. Dismissing the prayer for pre-emption opposite party No. I filed pre-emption case against the present petitioner and other......stay order if any granted earlier is duly vacated. No order as to costs. Records of the Courts below shall be sent down at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 62. ..

Category: Property Law | Date: | Hits: 67

Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)

.... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ......side the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a...... within three months from the date of receipt of the order. Communicate this order to the learned Subordinate Judge, Bogra at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 54. ..

Category: Property Law | Date: | Hits: 88

Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)

....e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......f 1983, should not be set aside. 2. The plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentione......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ..

Category: Property Law | Date: | Hits: 72

KM Obaidur Rahman and others Vs. State, through the Deputy Commissioner Dhaka, 1998, 27 CLC (HCD)

....s, namely Tajuddin Ahmed, Monsur Ali, Syed Nazrul Islam and AHM Kamruzzaman. The first information report further mentions that the incident was verbally reported by the Inspector General of Prisons, Bangladesh, to the Secretary, Ministry of Home Affairs, citing lack of decision on the part of the M......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51.......ur Rahman, Md. Nurul Islam Manjoor and Shah Moazzam Hossain respectively should not be enlarged on bail in Lalbagh PS Case No.11 dated 4-11-95 corresponding to OR Case No. 10698 of 1975 now pending before the learned Sessions Judge, Dhaka. We propose to dispose of all the three Rules by this judgmen......y observations made by us for disposal of this ball matter will have no bearing on the disposal of the case on merit by the trial Court. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 51...

Category: Criminal Law | Date: | Hits: 46

Harun and others Vs. State, 1998, 27 CLC (HCD)

....neous case No.310 of 1998. It is stated that the accused-petitioner, Harun is the ring leader of the occurrence and managed to kill the victim and left the country for a short period and came back to Bangladesh on 5th of June, 1994 only three days after the occurrence. It is further stated that on b......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33....... with Criminal Miscellaneous Case No. 254 of 1997. Judgment AK Badrul Huq J. - Criminal Miscellaneous case No.1212 of 1996, 310 of 1998 and 142 of 1998 arising out of three applications for bail of three accused petitioners under section 498 of the Code of Criminal Procedure and Crimin......direction made above within 15 days from the date of receipt of the copy of the order. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 33...

Category: Criminal Law | Date: | Hits: 65

State Vs. Md. Ariful Islam @ Arif, 2010, 39 CLC (AD)

....of an F.I.R. lodged with the Motijheel Police Station on 22nd August, 2004 over an occurrence alleged to have been committed, on 21st August, 2004 at about 5.40 p.m. in front of the Central Office of Bangladesh Awami League, the Motijheel police registered the case and took it up for investigation. ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ......eral, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. T.H. Khan, Senior Advocate, instructed by Taufiq Hossain, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 347 of 2010. (From the judgment and order dated 26.05.2010 passed by the ...... General has failed to make out such a case. We find no merit in this petition. The petition is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 47, VIII ADC (2011) 87. ..

Category: Criminal Law | Date: | Hits: 50

Crown Beverage Ltd. and another Vs. Board of Investment and Others, 2004, 33 CLC (HCD)

....pril 6, 2004. Cases Referred to- Chairman, Board of Intermediate and Secondary Education, Jessore and others vs. Md. Amir Hossain and another, 56 DLR (AD) 24, M A Hai vs. Trading Corporation of Bangladesh, 32 DLR (AD) 46, Acqua Foods Limited and another vs. Controller of Imports and Exports an...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ......rn factory in Gazipur and that the products of the petitioner-company are absolutely non-alcoholic in nature. The petitioner-company was registered with the Board of Investment, the respondent No. 1, for manufacturing "malt beverage”, evidenced by Annexure "B" to the Writ petition, and started pro...... stop and ensure stoppage of sale of those two drinks within the country with immediate effect. There will be no order as to costs. Ed. This Case is also Reported in: 9 BLC (2004) 601. ..

Category: Others | Date: | Hits: 182

Mohamaya Rani Saha and others Vs. Dr. Ashequr Rahman Khan and others, 2008, 37 CLC (AD)

.... Dr. Ashequr Rahman Khan.........Petitioner (In Civil Petition No. 1333 of 2008) Vs. Dr. Ashequr Rahman Khan and others.......Respondents (In Civil Petition No. 1498 of 2007) Government of Bangladesh & others.........Respondents (In Civil Petition No. 1499 of 2007) Mohamya Rani Sha......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ......(In Civil Petition No. 1499 of 2007) Not represented- Respondent Nos. 3-6(In Civil Petition No. 1499 of 2007). Not represented-Respondent (In Civil Petition No. 1333 of 2008). Civil Petition for Leave to Appeal Nos. 1498-99 of 2007. And Civil Petition for Leave to Appeal No.1333 of 20......he Rules and there is no illegality or infirmity in the above decision so as to call for any interference. All the petitions are dismissed. This Case is also Reported in: 16 MLR (AD) (2011) 25. ..

Category: Property Law | Date: | Hits: 62

Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)

....igh Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hogue J Md. Abdul Matin J Syed Muhammad Mashiur Rahman…………………..Petitioner Vs. President of Bangladesh and others…………………..Respondents Judgment July 25, 1996. Lawyers Inv...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ...... others…………………..Respondents Judgment July 25, 1996. Lawyers Involved: Syed Muhammad Mashiur Rahman, Petitioner in person. Abdul Wadud Bhuiyan, Additional Attorney General-for the respondents. Writ Petition No. 1729 of 1996. Judgment Md. Mozammel Haque J.- This i...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..

Category: Constitutional Law | Date: | Hits: 199

Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)

....d. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Anowar Hossain and others..................Petitioners Vs. Bangladesh Jute Corporation and others............................Respondents Judgment June 6,......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ...... Zainul Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by th......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ..

Category: Property Law | Date: | Hits: 58

Abdur Rashid Vs. Afzal Gazi and others, 2010, 39 CLC (AD)

.... is that in respect of the disputed accredited land local Faker Master and others filed Title Suit Nos.209 of 1986, 210 of 1986 and 211 of 1986 which were decreed on contest against the government of Bangladesh who filed Title Appeal Nos. 62 of 1988, 63 of 1988 and 64 of 1984 but those appeals were ......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4.......on-Record- For the Petitioner. Fazlul Karim, Senior Advocate instructed by Haridas Paul, Advocate-on-Record-For Respondent Nos.1-10. Not represented-Respondent Nos. 11-137. Civil Petition for Leave to Appeal No. 2227 of 2009. (From the judgment and order dated 16.08.2009 passed by the......on was right in setting aside the judgment of the Appellate Court below. We find no substance in this petition which is accordingly dismissed. This Case is also Reported in: 16 MLR (AD) (2010) 4...

Category: Property Law | Date: | Hits: 57

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....Chowdhury J Fatema Khatun……….…Appellant Vs. Wach Khatun and others…………….Respondents Judgment March 5, 1998. Case Referred to- Nurul Hossain vs. Government of Bangladesh and others 49 DLR (AD) 108. Lawyers Involved: Mahinudul Islam, Advocate — For the......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ......galnaya in Title Suit No. 21 of 1984. 2. Facts, in brief, are that the appellant as plaintiff instituted Title Suit No.21 of 1984 in the 1st Court of the learned Munsif, Feni (now Assistant Judge) for partition of the suit properties stating, inter alia, that the Suit property belongs to Monsur A......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ..

Category: Property Law | Date: | Hits: 59

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

..... The Artha Rin Adalat, Narayangonj and others………….... Respondents Result: The Rule is made absolute. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin K...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......e. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin Kabir, Advocates-for the Petitioner. M. Shafiullah, Advocate-for Respondent No. 2. M.A. Samad with M.G.H. Ruhul...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 183

Md. Solaiman Ali Hamedi Vs. Abu Sayeed Mondol, 2011, 40 CLC (HCD)

....h effect from 21.10.1999. No subsistence allowance was given to him, which he was entitled to under the law. Subsequently he was dismissed on 16.10.2004, which the Appeal and Arbitration Committee of Bangladesh Madrasah Education Board approved and communicated the decision to the petitioner by Memo...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......ontemner took different pleas at different stages, committed gross contempt by his willful disobedience to and non-compliance with order and continued making contradictory and misleading statements before the Court. Though apparently he had prepared the bill, but admittedly did not place it for sign...... Madrasa and its Superintendent, Police Station Mithapukur, District Rangpur and the Police Super, Rangpur for compliance. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 68

SDS Dairy Limited Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... ......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ......3 specially the provisions regarding execution under of the Ain and any of the provisions of the Ain has no conflict with that of the provisions of Order XXI rule 83 of the Civil Procedure Code. Therefore, Order XXI rule 83 of the Civil Procedure Code will be applicable in an execution proceeding un......e with law. The office is directed to communicate the judgment at once to the concerned executing Court. Nazmun Ara Sultana J.- I agree. This Case is also Reported in:20 BLT (HCD) (2012) 15. ..

Category: Procedural Law | Date: | Hits: 95

Shahina Begum Vs. Bangladesh, 2003, 32 CLC (HCD)

....risdiction) Present: Amirul Kabir Chowdhury J Md. Nizamul Huq J Shahina Begum...................................................Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Home Affairs and others……………………......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224....... the Constitution of the People's of Bangladesh calling upon the respondents to show cause as to why her husband the detenu Md. Solim Ullah Solu, son of late Al-haj Chinu Miah should not be brought before this Court so that it may satisfy, itself that he is not being held in custody without lawful a......any illegality. The Rule, therefore does not merit any consideration. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 224...

Category: Criminal Law | Date: | Hits: 55

Badal Kumar Paul Vs. State, 2003, 32 CLC (HCD)

....e find use of codeine phosphate in our country as cough suppressant in indication of dry or painful cough; diarrheas; pain. We also find use of Chlorpheniramine maleate as sedative antihistamines; Cf Bangladesh National Formulary (BDNF), 2001, pages 127 and 129 respectively published by the Director......nal Formulary (BDNF), 2001, pages 127 and 129 respectively published by the Directorate of Drug Administration in association with the Bangladesh Medical Association and the Bangladesh Pharmaceutical Society. In these drugs, codeine phosphate is used in prescribed quantity. Say, Codeine Linctus cont......ssions Judge at Jessore in session case No. 39 of 1999, which convicted him under section 19(1), Table 3 (খ) of the Narcotics Control Act, 1990, in brief, the Act, and sentenced him to imprisonment for life. 2. The prosecution case, in short, is that on 5‑11‑97 at about 9‑10 AM the police...... not wanted in any other case. Send down the records. Let a copy of this judgment be sent to the Directorate of Narcotics for guidance. Ed. This Case is also Reported in: 55 DLR (2003) 218...

Category: Criminal Law | Date: | Hits: 90

Subasish Das (Bobby) and three others Vs. Bangladesh University of Engineering and Technology and others, 1999, 28 CLC (HCD)

....t High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Md. Muzammel Hossain J Subasish Das (Bobby) and three others……………..Petitioners Vs. Bangladesh University of Engineering and Technology and others…………Respondents Judgment ......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563.......and has been found guilty of offence under sections 5, 17, 21 and 22 of the Ordinance relating to Board of Residence and Discipline and he has been awarded punishment of expulsion from the University for 2 terms including the current term and suspended punishment for further 2 terms. 3. Md. Sanau......dgment application for direction to allow the petitioner of the respective Rule to appear in the ensuing examination is also hereby rejected. Ed. This Case is also Reported in: 51 DLR (1999) 563...

Category: Others | Date: | Hits: 116

Md. Riaz Uddin Khan, Advocate and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)

....ses were in fact the orders passed in granting ‘remand’. The issues related to ‘remand’ orders have been decided by the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making spe...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ......y the High Court Division in disposing of the Writ Petition No. 3806 of 1998 (Bangladesh Legal Aid and Services Trust (BLAST) and others Versus Bangladesh and others), making specific recommendations for compliance in passing order for ‘investigation and remand’ and the said decision (reported i...... petition is allowed in part. The short order quoted above forms part of this judgment. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 29, 19 BLT (AD) (2011) 54, 16 MLR (AD) (2011) 161. ..

Category: Criminal Law | Date: | Hits: 163

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

.... Writ Petition No. 1406 of 1995. Judgment Md. Ruhul Amin J.- This Rule has been obtained upon an application filed under Article 102(2) (a) (ii) of the Constitution of the Peoples Republic of Bangladesh impugning the order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordina......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ......iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th......en prejudiced in any respect or manner. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 341. ..

Category: Civil Law | Date: | Hits: 90