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Secretary, Ministry of Public Works Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings, 1998, 17 CLC (HCD)

....urisdiction) Present: Md. Fazlul Karim J Md. Tafazzul Islam J Secretary, Ministry of Public Works…………..Petitioner Vs. Court of Settlement (1st Court) Bangladesh Abandoned Buildings…………Respondents Judgment March 26, 1998. Result: ......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396.......Respondent Nos.2(1) to 2(5). Writ Petition No. 2458 of 1995. Judgment Mohammad Fazlul Karim J.- This Rule was issued calling upon the respondent to show cause as to why the impugned order dated 12-1-89 in Case No.774 (Ka-446 Mirpur 1 & 2 Section) and Case No.574 (Ka-446 Mirpur ......to the Court of Settlement for hearing afresh on merit in accordance with law. Send down the LC records to respondent No.1 at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 396...

Category: Property Law | Date: | Hits: 102

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

.... Kamruzzaman Khan……….………Petitioner Vs. Shahidul Alam Khan and others…....……….Opposite Parties Judgment February 25, 1998. Result: The Rule is made absolute. Cases Referred to- Seati Bibi Vs. Jogendra Nath, 57 IC 593; Abdul Aziz Vs.......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......d Munsif framed an issue on the point but the learned Munsif came to a finding against the plaintiff on another issue and did not determine this issue. In appeal the learned District Judge upheld the order of the learned Munsif. The case reaching the High Court discussed the facts and found that the......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ..

Category: Property Law | Date: | Hits: 101

Shah Alam Vs. Shah-Newaz-Ebne Mostaque and others, 1999, 18 CLC (HCD)

..........………Petitioner Vs. Shah-Newaz-Ebne Mostaque and others……………………………..Opposite Parties Judgment June 23, 1999. Result: The Rule is made absolute. Cases Referred to- AIR 1964 (Assam) 64; Smt. Akani Das and others Vs. Muhi...... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ......r Rahman with Serajur Rahman, Advocates — For the Opposite Parties. Civil Revision No. 2849 of 1992. Judgment Md. Iftikhar Rasool J.- This Rule is directed against the judgment and order dated 26-10-92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Execution Case No....... hereby set aside. Stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 390. ..

Category: Property Law | Date: | Hits: 94

Saiful Islam alias Japannya Vs. State, 2010, 39 CLC (HCD)

.... lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ......llant. Mrs. Syeda Rabia Begum, Assistant Attorney General - For the Respondent. Criminal Appeal No. 372 of 2004. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 18.6.2002 passed by the Additional Sessions Judge, Cox’s Bazar in Session Trial Case N......s imprisonment, if he is not wanted in connection with any other criminal case. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 102

Md. Seru Mia and another Vs. State, 2011, 40 CLC (HCD)

....ction) Present: Borhanuddin J Md. Ruhul Quddus J Md. Seru Mia………………Appellant Vs. The State………………Respondent [Criminal Appeal No.1046 of 1996] Md. Farid Ahmmad………………Appellant Vs. The State………………Respondent [Criminal Appeal No.25......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ......r respondent (In both the appeals). Criminal Appeal No.1046 of 1996 with Criminal Appeal No.25 of 1997. Judgment Md. Ruhul Quddus J.- These Criminal Appeals are directed against judgment and order dated 24.6.1996 passed by the Sessions Judge, Munshiganj in Session Case No.1 of 1994 convicti......in Session Case No.1 of 1994 is hereby set aside. The appellants are released from their bail bond. Send down the lower Court records. Borhanuddin J.- I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 111

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

.... Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ......ssessed the income-tax against such Corporation, who in reality acted as an agent for the principal, but their Lordships of the Privy Council set aside that finding of the High Court and restored the order of the Commissioner of Income-tax, holding that because of deeming clause in section 43 he is .......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ..

Category: Election Law | Date: | Hits: 391

Sonali Bank Vs. Abidur Rahman, 1990, 19 CLC (HCD)

.... once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311........ The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311.......9. Judgment ARM Amirul Islam Chowdhury J. - This revisional application under section 115 of the Code of Civil Procedure at the instance of the decree holder Sonali Bank is directed against the order dated 22.4.89 passed by Mr. Tapan Kumar Rudra, Subordinate Judge & Commercial Court No.1, ....... The rule is, accordingly, discharged without any order as to costs. Communicate this order to the Dis­trict Judge, Dhaka, at once. Ed. This Case is also reported in: 42 DLR (HD) (1990) 311...

Category: Procedural Law | Date: | Hits: 168

Abdus Samad Miah and another Vs. Bangladesh Government & others, 2010, 39 CLC (HCD)

....s also Reported in: 62 DLR (HCD) (2010) 458.......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458.......ssued by respondents No.6 and impugned letter dated 13-4-2009 (Annexure-A-1) should not be declared to have been issued without lawful authority and is of no legal effect and/or such other or further order or orders passed as to the this court may seen fit and proper. 2. The relevant facts which ......scussion we are of the view that writ petition is not maintainable. In the result, the rule is discharged with no order as to costs. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 458...

Category: Administrative Law | Date: | Hits: 421

Azam-e-Sadat (Md.) Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ......eous cases preferred under section 561A of the code of Criminal Procedure are quite premature and so the high court Division should not enter into the first information report and the charge sheet in order to appreciate whether the facts alleged therein constitute any offence or not.” (underlined ...... The order of stay granted at the time of issuance of the Rules is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 455. ..

Category: Criminal Law | Date: | Hits: 89

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

....n) Present: Md. Azizul Haque J Golam Beg…………………….Petitioner Vs. Hajera Begum…………………Opposite Party Judgment July 5, 2010. Result: The Rule is made absolute. Cases Referred to- Safaruddin Vs. Fazlul Huq, 49 DLR (AD) 151. Lawyers Involv...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......ge, Section Court, Narail in title Appeal No.44 of 2000 reversing those dated 3-4-2000 passed by the Senior Assistant Judge, Narail in Title Suit No.6 of 1992 should not be set aside and/or any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ..

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....ge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since dead, his heirs have been substituted) as plaintiff instituted Title Suit No.4 of 1978 in the First Co......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ...... Md. Azizul Haque J.- The Rule was issued on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite party No.1 to show cause as to why the impugned Judgment and order dated 22-8-1999 passed by the Additional District Judge, Fifth Court, Dhaka in Miscellaneous A......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ..

Category: Procedural Law | Date: | Hits: 170

Trade Multi Plex and another Vs. Artha Rin Adalat and another, 2010, 39 CLC (HCD)

....e. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533....... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533.......ther.....................Petitioners Vs. Artha Rin Adalat and another………………………….Respondents Judgment August 24, 2010. Result: The rule is discharged and the stay order granted earlier stands vacated. Case Referred to- The Oriental Bank Ltd. Vs. Artha Rin A...... of judgment. The order of stay granted earlier by the Court stands vacated. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 533...

Category: Civil Law | Date: | Hits: 157

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Gobinda Chandra Tagore J Tarique Rahman......……………Petitioner Vs. Government of Bangladesh and others………………..Respondents Judgment September 9, 2010. Result: The ......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ......the Constitution of the People's Republic of Bangladesh should not be declared to have been initiated and continued without any lawful authority and is of no legal effect and/or such other or further order or orders passed as to this Court may seem fit and proper." 2. At the very outset, Mr. Rafi......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..

Category: Criminal Law | Date: | Hits: 112

Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)

.... of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ...... submitted by the petitioner to obtain English Mark Sheet shows the Registration Number, external 8126 of the year 1989-90 which is for First part, MA English examination. However, the petitioner, in order to get English Mark Sheet should have submitted the Registration Card of 1983 for BA (pass) ex......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..

Category: Others | Date: | Hits: 186

Nur Hossain Miah & others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

....mission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ......etition No.4206 of 2009 in has been categorically stated that the petitioners are fugitive from justice or law and have no right to seek aid or assistance of any Court and the Court will not pass any order in their aid. This view finds support in the decisions reported in Anti-Corruption Commission ......ce of the rules is hereby recalled. Let a copy of this Judgment be transmitted to the Chairman, Anti-Corruption Commission, Dhaka. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 514. ..

Category: Criminal Law | Date: | Hits: 107

Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)

....d in:18 BLC (AD) (2013) 23. ......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......nstructed by Md. Taufique Hossain, Advocate-on-Record- For Respondent Nos.1-2. Not represented- Respondent Nos.3-7. Civil Petition for Leave to Appeal No.1833 of 2011. (From the judgment and order dated 27.01.2011 passed by the High Court Division in First Appeal No.140 of 2005) Judgment......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ..

Category: Civil Law | Date: | Hits: 186

Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)

....:......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......iffs being aware about the suit filed another suit with a view to harassing the defendant and as such, the suit was liable to be dismissed. 4. The trial Court decreed the suit by the judgment and order dated 26.05.1976. Against the judgment and decree of the trial Court, the defendant filed Titl......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:..

Category: Property Law | Date: | Hits: 101

Government of Bangladesh and others Vs. Mrs. Rana Awan, 2012, 41 CLC (AD)

.... in: ......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ......te-on-Record- For the Appellants. M. I. Farooqui, Senior Advocate, instructed by Mr. M.G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Appeal No. 293 of 2009. (From the judgment and order dated 09.11.2004 passed by the High Court Division in Writ Petition No.770 of 2004)). Judgm......by Hasan Foez Siddique J. to hear and dispose of the matter afresh on merit in accordance with law by 29.11.2012. Accordingly, the appeal is disposed of. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 121

Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)

....t to suffer rigorous imprisonment for another six months. 2. Prosecution case, in short, is that the victim Md. Shona Mia accompanied by his wife Shonabhan went to the house of his neighbor Mohammad Ali, father of the appellant, on 22.9.1993 and asked him about the reason of not connecting Gas l......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ......he appellant. Ms. Rona Nahrin, Assistant Attorney General - For the respondent. Criminal Appeal No.1938 of 1996. Judgment Md. Ruhul Quddus J.- This appeal is directed against judgment and order dated 31.8.1995 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of ......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 101

SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)

....petitioner for enlarg­ing him on bail in Double mooring Police Station Case No.25 dated 24-1-2011, corresponding to ACC GR No.1 of 2011 under section 5(2) of the Prevention of Corruption Act, 1947 read with sec­tion 161 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, ......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ......s instructed by the Anti-Corruption Commission to investigate the mat­ter. 8. We have heard the learned Advocates of both the sides and perused the application. 9. In appears from the impugned order that the Court below has seen the CD and became sure about the transaction. Mr. Md. Khurshid A......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..

Category: Criminal Law | Date: | Hits: 111