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Md. Fazlur Rahman & others Vs. Government of the People's Republic of Bangladesh & others, 1989, 18 CLC (HCD)

....Court Division (Dhaka Bench) (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Fazlur Rahman & others…………………Petitioners Vs. Government of the People's Republic of Bangladesh repre­sented by the Secretary, Mini­stry of Home......was serving as Naib Subedar in the same outpost on 1.1.86. 3. Their common case is that on 1.1.86 at about 10 P.M. the respondent No.3, the Sector Commander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said responden..

Category: Others | Date: | Hits: 167

Anwar Ali Vs. State, 1987, 16 CLC (HCD)

....ttle the dues on payment of the principal amount of Tk. 2,35,681/- if he pays the said amount in two equal instalments on 30.6.87 and 30.12.87 waiving the in­terest subject to formal approval of the Government and the accused would be permitted to run the Textile unit on the land of Decent Oil Mill......ectors for reali­sation of the said dues and also for realisation of damages and interest till the realisation of the total amount due to the Bangladesh Shilpa Bank. The District Judge, Pabna by his order dated 13-5-78 passed ad-interim order of attachment of the machineries of the said Oil Mill. T..

Category: Criminal Law | Date: | Hits: 108

Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)

....d cancelled. A copy of the de­cree be sent to the Sub-Registrar concerned for neces­sary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......g failure of justice. In such view of the matter the impugned judgment and decree cannot be sustained in law and are liable to be set aside. 9. In the result, the Rule is made absolute without any order as to costs. The impugned judg­ment and decree passed by the learned Subordinate Judge, Bargu..

Category: Property Law | Date: | Hits: 82

Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)

....d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... Hoque Chowdhury J.- These Civil Revisional applications being Revision Nos.471 of 1987; 561 of 1987 1986 have been heard one after another. 2. Civil Revision No.471 of 1987 is directed against an order and judgment dated 5.2.1987 passed by the learned Addl. District Judge, 1st. Court, Dha­ka in..

Category: Property Law | Date: | Hits: 88

Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)

....ction) Present: Mustafa Kamal J Md. Mozammel Hoque J Jalaluddin............................................Petitioner Vs. Bangladesh, represented by the Secretary, Ministry of Local Government Rural Development & Cooperation.................................Respondents Judgme......m­plied with those urban areas cannot be included in the Sylhet Pourashava and the residents of those are­as will elect their representatives under the Union Parishads Ordinance as before. 7. In order to consider the first submission of Mr. Hannan let us quote the relevant provisions of Pourash..

Category: Property Law | Date: | Hits: 108

Daulatpur Traders & Co. Ltd. Vs. Eastern Federal Union Insurance Co. Ltd. & another, 1989, 18 CLC (HCD)

....lt all the three appeals are dis­missed but in the facts and circumstances of the case we direct the parties to bear their own costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 125. ...... Mustafa Kamal J. - These 3 appeals under Clause 15 of the Letters Patent, 1865 have been heard together and will be disposed of by this com­mon judgment as they arise out of the same judg­ment and order passed by a Single Judge of this Di­vision. 2. Consequent upon a fire which broke out on t..

Category: Business or Commercial Law | Date: | Hits: 290

Soleman & Others Vs. State, 1989, 18 CLC (HCD)

....umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ......minal Appeal No.83 of 1985. Judgment Qazi Shafiuddin J. - Accused appellants Soleman, Alfi Miah alias Aktar Hossain, Somed Miah and Dudu Miah have preferred this appeal against the judgment and order of conviction and sen­tence dated 30.9.85 passed by the learned Sessions Judge, Habiganj in S..

Category: Criminal Law | Date: | Hits: 141

Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)

....appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115....... of fact and no illegality appears to have been committed by the learned Court of appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...

Category: Civil Law | Date: | Hits: 152

Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)

..... 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co-operative, Local Govt. Division vide Memo No.Sha 8/IP-277/87/17......uty Attorney General—For the Respon­dent. Writ Petition No. 67 of 1988. Judgment Habibur Rahman Khan J. - This Rule Nisi was issued calling upon the Respondent to show cause as to why the order dated 17.10.87 issued by the Secretary, Ministry of Local Government; Rural Development and Co..

Category: Others | Date: | Hits: 175

Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)

....r or further order or orders as to this Court may seem fit and proper. From the said order it also ap­pears that Mr. Syed G.R. Modasir Hossain, the learned Deputy Attorney-General submitted that the Government will prefer appeal in the present case against the acquittal of accused petitioner Jalalu......aw. 2. It appears from the Order Book that again on 13.3.88 the same Division Bench of this Court is­sued a suo motu Rule on the petitioner and on the opposite party as well to show cause why the order of acquittal of the petitioner in Sessions Case No.63 of 1984 should not be set aside and the ..

Category: Criminal Law | Date: | Hits: 101

Lal Miah Vs. Fazlul Haque Bhuiyan & Others, 1989, 18 CLC (HCD)

....pposite party No.1 filed Election Tribunal Case No.1 of 1988 against the petitioner chal­lenging his election on the ground that the petitioner was a dealer in essential commodities appointed by the Government and remained so till the date of fil­ing of nomination paper on 10.1.88 and was there­f......the Opposite Party No.1. Civil Revision No.232 of 1989. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judg­ment and order dated 5.3.89 passed by the Election Appellate Tribunal and the learned District Judge, Narshin..

Category: Election Law | Date: | Hits: 187

National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)

....atter. Therefore, we do not find any ground for interference. In the result, the Rule is dis­charged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103....... the Opposite Party No.1. Civil Revision No.164 of 1986. Judgment Mustafa Kamal J. - This Rule obtained under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 26.12.85 passed by the learned Additional District Judge, 3rd Court, Dhaka in Title Appe..

Category: Business or Commercial Law | Date: | Hits: 282

Alam Ara Huq Vs. Govt. of Bangladesh and others, 1989, 18 CLC (HCD)

.... Home Affairs and ors………………………………………….Respondents Judgment July 9, 1989. Result: The Rule is made absolute. Cases Referred to- Abdul Latif Mirza Vs. Government of Bangladesh and others, 31 DLR (AD) 1; Mrs. Sajeda Parvin Banu Vs. Government of Bangla......ssed by the Senior Assistant Secretary of the Ministry of Home Affairs was served upon the detenu purporting to detain him for three months un­der section 3(1) (a) of the Special Powers Act, 1974 in order to prevent him from acting against the eco­nomic or financial interest of the State. On 28.8...

Category: Criminal Law | Date: | Hits: 107

Chand Miah & Others Vs. State, 1989, 18 CLC (HCD)

....f 1987 now pending before the Court of the Special Tribunal No.11, Bogra be stopped and the accused petitioners be released forthwith. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 97. ......er proceedings of the Special Tribunal No.8 of 1987 pending in the Court of Special Tribunal Case No.2, Bogra should not be stopped and the petitioners should not be released or such other or further order or orders passed as to this Court may seem fit and proper. 2. On 5.10.86, one Azimuddin lod..

Category: Procedural Law | Date: | Hits: 112

Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)

.... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......tion as was in the year 1984 as if the suit has been filed afresh there and shall proceed in accordance with law. In the result the Rule is disposed of with the above observations. Communicate the order at once. Send down the lower Court records. Since it is an old case of 1984 the trial Court..

Category: Property Law | Date: | Hits: 96

Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)

....e records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......filing written statement contending, inter alia that the suit was barred by limitation. The property has been vested in the government as an abandoned property within the meaning of the President’s order No.16 of 972, as such, the, plaintiffs suit is barred under Articles 14(c), 23 and 24 of the s..

Category: Property Law | Date: | Hits: 107

Rahmatullah Vs. State and another, 1995, 24 CLC (HCD)

....accordingly discharged. The orders of stay passed earlier are hereby vacated. Sent down the lower Court records expeditiously. Ed This Case is also Reported in: 48 DLR (HCD) (1996) 158. ......up together for disposal as common question of law and facts are involved. 2. In Criminal Revision Nos.1127 of 1994 and 1129 of 1994 Rules were issued asking the opposite Parties to show cause why orders dated 27.5.94 and 29.5.94 passed in Sessions Case Nos.3 of 1994 and 27 of 1994 respectively s..

Category: Criminal Law | Date: | Hits: 99

State Vs. Lokman Miah, 1995, 24 CLC (HCD)

....the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ......ll these articles inside the drawer of the cashier and on the night of occurrence he kept those things at the varandah. Mr. Chowdhury argued that this pan of the confessional statement can be used in order to corroborate the prosecution case to base conviction. The learned Additional Session Judge a..

Category: Criminal Law | Date: | Hits: 73

Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)

....of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal Case No. 64 of 19..

Category: Criminal Law | Date: | Hits: 82

Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)

.... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146.......cused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Special Judge, Dhaka. 2. The proceedings of the case was stopped by order dated 4.11.89 under section 8(a) of the Criminal Law Amendment (Amendment) Act 1987 and therea..

Category: Procedural Law | Date: | Hits: 99