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Hazerannessa Vs. Nasiruddin Mahmood and others, 1991, 20 CLC (HCD)

....en statement denying the material allegations made in the plaint contending that he was in possession of the disputed land on the basis of purchase from one Ayesha Khatun and Mahmudul Hoque by kabala dated 26.6.74 through borgadar. After several adjournments the suit was ultimately fixed for perempt......urt to re‑hear the same in accordance with law with utmost expedition. In the result, the Rule is discharged. No order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 28.......nate Judge, 2nd Court, Dhaka in Title Appeal No.292 of 1980 setting aside the ex parte decree passed by the trial Court on 6.11.1980 in Title Suit No.371 of 1977. 2. The petitioner instituted the aforesaid Title Suit for permanent injunction against the opposite party No.1 and 7 others in respect..

Category: Procedural Law | Date: | Hits: 79

Bangladesh Mukti Judda Kallyan Trust Vs. Nurul Hossain and others, 1990, 19 CLC (HCD)

.....2. Appeal from Original Order No. 348 of 1990. Judgment Anwarul Hoque Chowdhury J.- This appeal filed by the Bangladesh Mukti Judda Kallayan Trust is directed against the judgment and order dated 19.8.90 passed by the Subordinate Judge, Narayanganj in Title Suit No.12 in Title Suit No.12 o......owever could not be heard and it was ordered that it would be heard along with the main suit and when that was the matter, it is the case of the plaintiff that suddenly on 29.6.90 without serving any notice upon them, the office and godown of the plaintiff was closed by police and a magistrate was p......ndatory injunction arose and the subject matter of the present appeal. 3. The order of the learned court below granting mandatory injunction did not give details of the background. The appellant before this Court namely, Bangladesh Mukti Judda Trust claimed the said property by purchase. They cla..

Category: Property Law | Date: | Hits: 389

Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)

.... to why the pro­ceeding should not be quashed. This Court also stayed all further proceeding of that case pending in the Court of Chief Metropolitan Magistrate till dis­posal of the Rule vide order dated 14.11.90. The peti­tioner obtained this rule from this Court and filed an application before ....... In the Rule issued by this Court the Rule was made returnable within four weeks which does not mean that the stay granted was for four weeks only. A returnable rule is dated on which the service of notices upon the parties are said to be notified fix­ing that date for the appearance of the opposi......cate ‑ For the Petitioner. Not represented- the Opposite party. Contempt Petition No.1 of 1991 in Criminal Revisional No.972 of 1990. Judgment Anwarul Haque Chowdhury J.-The application for drawing up a contempt pro­ceeding against Mr. Shafiqul Islam, the Chief Metro­politan Magistra..

Category: Criminal Law | Date: | Hits: 84

Fazle (Md) Rabbi and others Vs. Election Commissioner, 1991, 20 CLC (HCD)

....ation on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show cause why the impugned Gazette Notification No.5(122)/91 ‑Election 1/NA dated 10.3.91 (Annexure‑A) issued by the respondent shall not be declared to have been made withou...... seats exclusively reserved for women members of the Parliament. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 14. ...... Rabbi (MP from NA‑33, Gaibandha‑5), Manirul Haque Chowdhury (MP from NA -265, Comilla‑9) and Kazi Md. Anwar Hossain (MP from NA-286, Brahmanbaria‑5) moved this application on 31.3.91 praying for the issuance of a Rule Nisi calling upon respondent No.1 the Chief Election Commissioner to show..

Category: Constitutional Law | Date: | Hits: 164

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....unal Case No.121 of 1991 arising out of Lalbagh PS Case No.17(2)91 under section 7(h) of the Special Powers Act read with the Ministry of Home Affair's Gazette Notification No.500: Saw: Ma (Nira‑3) dated 23.1.91 (Annexure‑A) pending before the Special Tribunal No.3, Dhaka should not be declared ......in view of the order dated 11.12.90 passed against him by the Government under section 3(1)(a) of the Special Powers Act detaining him for a period of 120 days with effect from the date of service of notice upon him, the petitioner failed to appear before the DIG, Prisons, Dhaka Central Jail within ......minic Ltd. Vs. The Foreign Compensation and another, (1969) 1 All ER 208; Armah Vs. Government of Ghana, (1966) 3, All ER 177(178); F Hoffmann‑La Roch & Co. AG and others Vs. Secretary of State for Trade and Industry, (1974) 2 All ER 1128 (1148); Ridge Vs. Baldwin, (1963) 2 All ER 66; Wick Vs...

Category: Criminal Law | Date: | Hits: 88

Md. Rahim Biswas Vs. State, 2011, 40 CLC (HCD)

.... opposite party. Criminal Miscellaneous Case No. 8145 of 2008. Judgment AKM Asaduzzaman J.-This rule was issued calling upon the opposite party to show cause as to why the judgment and order dated 26.6.1997 passed by the learned Special Tribunal No.3 and Additional Sessions Judge, Court No......./- in default to suffer imprisonment for one month more. Send down the L.C. R. along with the judgment to the courts below. Md. Ashraful Kamal J.- I agree. This Case is also Reported in: ......rresponding to G.R. Case No. 47 of 1994 under section 9 of the Cruelty Woman (Deterrent Punishment) Ordinance,1983 convicting the accused petitioner and sentencing him to suffer rigorous imprisonment for 10 years with fine of Tk.1,000/- each, in default to suffer rigorous imprisonment for 3(three) m..

Category: Criminal Law | Date: | Hits: 67

Md. Sharifullah Vs. State, 2011, 40 CLC (HCD)

....eneral -For the State. Criminal Appeal No. 427 of 1996. Judgment Obaidul Hassan J. - This appeal has been preferred by the appellant against the Judgment and Order of conviction and sentence dated 18.4.1996 passed by the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case N...... him be discharged from the bail bond. Send down the lower Court records with a copy of this judgment immediately. Gobinda Chardra Tagore J. - I agree. Ed. This Case is also Reported in: ......assed by the learned Additional Sessions Judge, 7th Court, Dhaka in Sessions Case No.251 of 1993 convicting the appellant under section 302 of the Penal Code and sentencing him to suffer imprisonment for life and to pay a fine of Tk. 5,000/-, in default to suffer simple imprisonment for a further pe..

Category: Criminal Law | Date: | Hits: 73

Rajdhani Unnayan Kartipakkhya and others Vs. Dr. AK Shamsul Islam & others, 2003, 32 CLC (AD)

.... Nos. 2-18 (In Civil Petition No. 1371 of 1999.) Civil Petition for Leave to Appeal No. 476 of 2000 with Civil Petition for Leave to Appeal No.1371 of 1999. (From the judgment and order dated 30th June 1999 passed by the High Court Division in Writ Petition No. 1408 of 1993 and Writ Pe......ide of section 9 has not affected the plots of sector 9 in any way and there was no complicity in acquisition of any land in sector 9 but the petitioner Nos.1 and 2 illegally revised the plan without notice taking away all the earmarked spaces for a mosque, a primary school, a community centre etc. ......1 (In both the Petitions) Not Represented- Respondents Nos.2-6 (In Civil Petition No. 476 of 2000) Not Represented- Respondents Nos. 2-18 (In Civil Petition No. 1371 of 1999.) Civil Petition for Leave to Appeal No. 476 of 2000 with Civil Petition for Leave to Appeal No.1371 of 1999...

Category: Property Law | Date: | Hits: 92

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

.... instruct­ed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not repre­sented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the High Court Division in Review Case No.04 of 2009.) Order Nazmun......tioners and also seeking direction to the respondents to execute the lease deed in respect of bigha of land of plot No.346 in Tejgaon Industrial Area, Dhaka. Rule was issued in that writ petition and notice of the rule was served upon the respondents but none of the respondents entered appearance th......ate-on-Record-For the Petitioners. Fida M. Kamal, Senior Advocate instruct­ed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. Not repre­sented-Respondent No.2. Civil Petition for Leave to Appeal No.234 of 2010. (From the judgment and order dated 04.08.2009 passed by the H..

Category: Property Law | Date: | Hits: 85

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

....d. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the High Court Division in First Appeal No. 288 of 2002). Judgment N......t on that day Mr. HK Abijul Hye the appointed arbitrator of this petitioner informed that he would not act as arbitrator as he had no instruction from this petitioner. The respondent No.1 then issued notice upon this petitioner requesting him appoint another arbitrator but the petitioner did not app......Record—For the Petitioner. Azizul Hnque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record—For the Respondent No.1. Not Represented—For the Respondent No.2-3. Civil Petition for Leave to Appeal No. 1686 of 2009. (From the judgment and order dated 18-5-2009 passed by the ..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Mohammad Mahbubur Rahman Vs. G.M Mostafa and another, 2011, 40 CLC (AD)

....rd-For Respondent No.1. (In both the cases) Not represented-Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 655 and 656 of 2010. (From the judgment and order dated 28.02.2010 passed by the High Court Division in Contempt Petition No.156 of 2009 and Contempt ......y of Housing and Public Works, Dr. Khandakar Shawkat Hossain and others. The instant Petitioner appeared before the High Court Division for compliance of the order and prayed for time to reply to the notice for showing cause. 3. It has been revealed from the record of the proceedings that origina......mudul Islam, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. (In both the cases) Not represented-Respondent Nos. 2-6. (In both the cases) Civil Petition for Leave to Appeal Nos. 655 and 656 of 2010. (From the judgment and order dated 28.02.2010 passe..

Category: Others | Date: | Hits: 118

Md. Ashraful Islam Vs. State, 2009, 38 CLC (AD)

....ucted by Syed Mahbubar Rahman, Advocate-on-Record-For the Appellant. Habibur Rahman Miah, Advocate-on-Record-For the Respondent. Criminal Appeal No.17 of 2004. (From the judgment and order dated the 6th day of January, 2003 passed by the High Court Division in Criminal Appeal No.3080 of 2......ics Control Act, 1990 against the accused petitioner Ashraful Islam direct­ing him to surrender to the Deputy Commissioner, Jessore to serve out the remaining sentence within one month of receipt of notice failing which the Deputy Commissioner, Jessore shall secure his arrest as per law. In view......d found the appellant Ashraful Islam and one Shahidul Islam in posses­sion of 700 grams of heroine in a rexene bag and on query they told that the owner of the heroine was one Atiar Rahman and that aforesaid P.W.1 then prepared a seizure list and took them to custody and the case was started agains..

Category: Criminal Law | Date: | Hits: 80

Zakir Hossain and another Vs. Md. Yousuf Kabir and another, 2011, 40 CLC (AD)

....d-For the Petitioners. M.I. Farooqui, Senior Advocate, instruct­ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 200...... of the court of Joint District Judge, 2nd Court, Dhaka both arising out of Title Suit No.59 of 1994 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 344.......­ed by M. G. Bhuiyan, Advocate-on-Record-For the Respondent. Civil Review Petition No.90 of 2010. (From the judgment and order dated 6.5.2010 passed by the Appellate Division in Civil Petition for leave to appeal No.1359 of 2009). Order Syed Mahmud Hossain J.- This applica­tion for rev..

Category: Property Law | Date: | Hits: 72

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....tition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 passed by the High Court Division in Writ Petition Nos.8307, 8320 of 2008 and 4979 ...... The High Court issued an interim order in the writ petition to the effect that the selec­tion process may go on but the result of the same be not declared. This interim order was not brought to the notice of the Vice-Chancellor who approved the name of one Mrs. Kamalesh Kumari Bhatia whose name wa......etition Nos. 513 of 2010.) Not Represented-Respondent Nos. 1-133 (In Civil Petition No. 512 of 2010.) Not Represented-Respondent Nos. 1-48 (In Civil Petition No. 514 of 2010.) Civil Petition for Leave to Appeal Nos. 512, 513, 514 of 2010. (From the judgment and order dated 11.11.2009 pas..

Category: Constitutional Law | Date: | Hits: 247

Alauddin (Md.) and others Vs. Yusuf Ali and another, 1993, 22 CLC (HCD)

....1003 of 1991 (Dhaka) Civil Revision No.6 of 1988 (Sylhet) Judgment KM Hasan J.- The rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 10.8.87 passed by Mr. Md. Sirajul Islam, Subordinate Judge, Habigonj in Misceilaneous Appeal N...... 1982 for specific performance of a contract and plaintiff opposite party was also made a party to it. Further, the defendant Nos. 1 to 3, in collusion with defendant No.4 served upon the plaintiff a notice u/s 154 of the Penal Code, initiated a criminal case and have since threatened to dispossess ......……………….Opposite Parties Judgment April 7, 1993. Cases Referred To- Serajul Islam Vs. Mizanur Rahman, 29 DLR (SC) 82. Lawyers Involved: Mihir Kanti Mazumder, Advocate- for the petitioners. SK Sinha, Advocate- for the opposite party. Civil Revision No.1003 of 199..

Category: Property Law | Date: | Hits: 101

Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)

....hatian No.746, Plot No.105 at Muza East Eash Dair under Fatulla Police Station of Narayanganj District, which he acquired from his father Nurul Islam Khan by way of a registered deed of Heba-bil-Ewaz dated 23.8.2001. After so transfer he mutated the record in his name and has been paying the rents t......n, application for execution and order sheets have been annexed with the writ petition to make out a case- Without such statement and in absence of the such documents, presumption is that the auction notice has been rightly published. Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Pet......uit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a case- Without ..

Category: Civil Law | Date: | Hits: 85

Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)

....gladesh and others to show cause why the proceeding in respect of the dispute about the post of Chairman of the petitioner federation, hereinafter referred to as the 'KARIKA', and the connected order dated 25.10.92 passed by the respondent No.1 should not be declared to have been made without any la......o be maintained in the petitioner's Society and thereby the respondent No.5 shall continue as the Chairperson. Thereafter, the Officer‑in‑Charge of Ramna Police Station (respondent No.4) issued a notice on the members of the Managing Committee of the petitioner to produce all documents and the m...... is no provision to remove a nominated Chairperson from the Managing Committee, further enquiry under section 22 (4) of the said Ordinance is necessary and the respondent No.2 rightly passed an order for maintenance of status quo. It was the further case of the respondents that as the respondent No...

Category: Others | Date: | Hits: 136

State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)

....n a ditch belonging to and within the homestead of Dr. Ratan Chandra Barua. On receipt of the said information the officer‑in‑charge of the police station registered the unnatural death case No.2 dated 11.5.88 and endorsed the same for investigation to Sub‑Inspector Abdul Mannan who thereafter......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ce Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the ho..

Category: Criminal Law | Date: | Hits: 76

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....presented by the Secretary, Ministry of Works, Urban Development, (2) Assistant Commissioner, Abandoned Property Management Board, Dhaka and (3) Mrs. Khairun Nesa to show cause why the impugned order dated 9.6.91 issued by the respondent No.2 Assistant Commissioner, Abandoned Property Management Boa......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ......d Ziaul Karim, Advocate ‑ For the Respondent No.3. Writ Petition No. 1025 of 1991 Judgment Fazle Hussain Mohammad Habibur Rahman J.- The Petitioner Md. Mohsin Kabir alias Rupan prays for issuance of Rule Nisi calling upon the respondents (1) Government of Bangladesh represented by t..

Category: Property Law | Date: | Hits: 86

Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)

....ted ‑ the Respondent. Appeal from Appellate Decree No. 198 of 1975. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the defendants is directed against the judgment and decree dated 26.4.73 passed by the Subordinate Judge, 2nd Court, Faridpur in Title Appeal No.58 of 1971 all......e compromise decree in respect of the stipulation to transfer 0.60 acres of lands which was not subject matter of the suit in which the compromise decree in question was passed. 8. We have already noticed that the decree passed in Title Suit No.179 of 1965 on the basis of a petition of compromise......e Subordinate Judge against the plaintiff and others. Plaintiff appeared in that suit and filed a written statement but ultimately the suit was compromised out of Court between the plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise ..

Category: Property Law | Date: | Hits: 88