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Mahmudul Huq Vs. Mostafa Kamal and others, 2010, 39 CLC (AD)
.... of the said plot in his favour. 3. In the aforesaid premises the writ petitioner filed the writ petition and a rule was issued under Article 102(2) of the Constitution of the People's Republic of Bangladesh calling upon the present petitioners to show cause as to why they should not be directed ......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431.......om the judgment and order dated 27.04.2009 passed by this Division in Civil Appeal No. 175 of 2007 along with Civil Petition No.290 of 2007.) Judgment Md. Abdul Matin J. - This review petition for leave to appeal is directed against the judgment and order dated 27.04.2009 passed by this Divis......ter public interest must prevail upon individual interests. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 431...Category: Others | Date: | Hits: 81
....(Criminal Original Jurisdiction)
Present:
Amin-Ur-Rahman Khan J
Syed Fazle Ahmed J
Mrs. Tahera Islam.................Petitioner
Vs.
The Secretary, Ministry of Home Affairs, Govt. of Bangladesh and others............Opposite parties
Judgment
October 27, 1987.
Cases Referre......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193.......
Cases Referred to-
38 DLR (AD) 70; BLD 1986(AD) 49; 20 DLR 1968; AKM Shamsuddin Versus Government of Bangladesh, 28 DLR 1976 at page 117.
Lawyers Involved-
Abdul Wadud Khondker, Advocate-for the petitioner.
Syed J.R. Modassir Hossain, Deputy Attorney General- for the Opposite parties......
Let a copy of this order be communicated to the Superintendent of Dhaka Central jail for compliance.
Syed Fazle Ahmed J. - I agree.
Ed.
This Case is also Reported in: 40 DLR (1988) 193...
Category: Banking Law | Date: | Hits: 151
State Vs. MA Monir & Others, 1987, 16 CLC (HCD)
....he 12th June, 1986 containing scandalous allegations against the Judges. as a class and the Bench Officers of the Judges as a class, thus undermining the dignity and authority of the Courts of law in Bangladesh and lowering the reputation of the entire judicial system in the estimation of the pu......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183.......Mustafa Kamal J. - This Rule of contempt was issued by the erstwhile Comilla Bench to which one of us was a party asking the four contemners to show cause why they shall not be convicted and punished for contempt of Court for writing, edition, printing and publishing a letter to the Editor captioned......ouble. In that view of the matter, we condone the non-appearance of contemner Nos. 2 and 4. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 183...Category: Criminal Law | Date: | Hits: 35
Ezahar Sepai Vs. The State, 1987, 16 CLC (HCD)
....ce only when the following requirements are satisfied i.e. to say (1) if the medical officer who made the report is dead (2) or he is incapable of giving evidence (3) or if he is beyond the limits of Bangladesh and his attendance cannot be procured without any amount of delay, expense or inconvenien......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ......nal Appeal No. 79 of 1983 Judgment AM Mahmudur Rahman J. - Accused appellant Ezahar Sepai has been convicted under section 325 of the Penal Code and sentenced to suffer rigorous imprisonment for 4 years and also to pay a fine of Taka 1,000/- in default to suffer rigorous imprisonment for ......e result, the appeal is dismissed. The appellant is directed to surrender to the bail bond to serve out the remainder of the sentence. Ed. This Case is also Reported in: 40 DLR (1988) 177. ..Category: Criminal Law | Date: | Hits: 93
Harun-or-Rashid Talukder Vs. District Manager, Pubali Bank, Jamalpur, 1988, 17 CLC (HCD)
....n, Advocate - For the Respondent No. 2. Appeal from Original Order No. 227 of 1987 Judgment Mustafa Kamal J.- This First Miscellaneous Appeal has been preferred under Article 36(1) of the Bangladesh Legal Practitioners and Bar Council Order, 1972 (P.O. No. 46 of 1972) against the judgm......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ...... II of the Bangladesh Bar Council in Tribunal Case No. 4 of 1983, finding the appellant guilty of gross professional misconduct under Clause (1) of Article 32 of P.O. No.46 of 1972 and suspending him for a period of 8 years and debarring him from practising in any Court or authority in Bangladesh du......ver to reduce the sentence. In the result the appeal is dismissed but without any order as to costs. Md. Mozammel Hoque J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 170. ..Category: Others | Date: | Hits: 72
Falu Mia & others Vs. Safar Ali & others, 1988, 17 CLC (HCD)
.... documents of any other class in a foreign country has to be proved by the original, or by a copy certified by the legal keeper thereof, with a certificate under the seal of a Notary Public or of a Bangladesh Consul or diplomatic agent, that the copy is duly certified by the officer having the leg......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165....... the plaintiffs, Baser and then Yasin died as bachelors. Thereafter died Saiyad Banu leaving behind her husband and children defendant Nos. 2 to 7. Meser was also unmarried and he remained untraced for over 40 years. He was presumed to be dead. His share devolved upon his only surviving brother ......ke out any case for reception of additional evidence in this case. The Rules are therefore discharged but without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 165...Category: Property Law | Date: | Hits: 29
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....l Deputy Commissioner, Khulna & others...............Opposite Parties Judgment August 30, 1987. Cases Referred to- Halima Khatun's case 30 DLR (AD) 20; Nasiruddin Vs. Government of Bangladesh 32 DLR (AD) 216; 30 DLR (AD). Lawyers Involved: Miah Abdul Gafur, Advocate - For th...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ......exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in possession before the registration. Shamsu Ghani thereafter mutated his name in the Khulna Municipality and sub...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ..Category: Property Law | Date: | Hits: 36
Government of Bangladesh and others Vs. Md. Shahinoor Bari and others, 2010, 39 CLC (AD)
....se is also Reported in: 15 MLR (AD) (2010) 424. ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ......f 2010) M. Amir-ul Islam instructed by Md. Zahirul Islam, Advocate-on-Record-For Respondent No.1. (In Civil Petition No. 328 of 2010) Not represented- Respondent Nos. 2-13. Civil Petition for Leave to Appeal Nos. 328-29 of 2010. (From the judgment and order dated the 2nd day of June, ......no substance in the submissions of the learned Deputy Attorney General for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 424. ..Category: Employment/Service Law | Date: | Hits: 86
Azimul Kabir (Md) Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....89.......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189.......lage Bauria, PS Shandip, District Chittagong at present 412/A, Ashkona PS Uttara, Dhaka being detained in Central Jail, Dhaka, under section 3 of the Special Powers Act, 1974, should not be brought before this court so that it may satisfy itself that he is not being held in custody without lawful au......officials to take proper and adequate care and caution to ascertain that there are materials justifying the passing of an order of detention. Ed. This Case is also Reported in: 54 DLR (2002) 189...Category: Criminal Law | Date: | Hits: 45
SM Nasirul Haque Vs. Omar Faruque Chowdhury and others, 2001, 30 CLC (HCD)
....are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ......a in Miscellaneous Appeal No. 223 of 1996 affirming those dated 12-10-96 passed by Subordinate Judge, Fourth Court at Dhaka in Preemption Miscellaneous Case No. 28 of 1992 which disallowed the prayer for preemption. 2. The preemptor made an application under section 24 of the Non-Agricultural......are confirmed. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records. Ed. This Case is also Reported in: 54 DLR (2002) 181. ..Category: Property Law | Date: | Hits: 39
State Vs. Kabel Molla and others, 2002, 31 CLC (HCD)
....f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ......d by the convict inasmuch as they involve common question of fact and law. 2. The prosecution case is at in the morning of 2-6‑90 at about 8‑00 AM Md. Shamsu Sikder, the elder brother of the informant Md. Somez Sikder went to Elashin Ghat to buy fish fry and while he was taking tea in the tea......f this judgment be forwarded to the learned Additional. Sessions Judge, First Court, Tangail for taking necessary action according to law. Ed. This Case is also Reported in: 55 DLR (2003) 108. ..Category: Criminal Law | Date: | Hits: 36
Kowsar Chowdhury Vs. Latifa Sultana, 2001, 30 CLC (HCD)
.... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175....... dated 10-6-1999 passed by the Assistant Judge, 2nd Court, Dhaka, in Family Suit No. 140 of 1998 dismissing the suit. 2. The opposite party as plaintiff filed the above Family Suit No. 140 of 1998 for getting maintenance for her daughter from the defendant-respondent-petitioner. The case of the p...... the time of issuance of the Rule is hereby vacated. Send a copy of this judgment along with the LC record to the court concerned at once. Ed. This Case is also Reported in: 54 DLR (2002) 175...Category: Family Law | Date: | Hits: 186
....ies, or any other groups or associations concerned with small and cottage industries, as well as to private business and individuals in this sector.
(v) To promote the welfare of the people of Bangladesh through assistance to small and cottage industries and to groups or individuals promoting......rted in: 54 DLR (2002) 168.......rence Application No. 9/97 arise out of the order dated 16-3-95 in ITA No. 791 of 1992-93 and ITA No. 792 of 1992-93 passed by the Taxes Appellate Tribunal, Dhaka Bench-3. Similar questions have been formulated in both the reference applications and those are answered by this judgment. The first ref......mulated in both the reference applications are answered in the negative and in favour of the assessee.
There will be no order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 168...
Category: Fiscal/Taxation Law | Date: | Hits: 65
Sew Bishar Prasad Vs. Collector of Customs, Chittagong and others, 2001, 30 CLC (HCD)
....he Respondents. Writ Petition No.1013 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule Nisi has been issued at the instance of the petitioner Sew Bihari Parsed, sole proprietor of Messers Bangladesh Traders, having his business office at Sena Kallyan Bhaban, Room No.901, 9th Floor, 195 M......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ......rs vs. Collector of Customs and others in Writ Petition Nos. 1495 of 1996 and others; Rahmania Vanaspati Product Ltd. Vs. Collector of Customs, 4 BLC 85. Lawyers Involved: Md. Ramjan Ali Sikder for Dr. Kamal Hossain Advocate—For the Petitioner. Mahmudul Islam, Attorney-General with AM Ami......ase the bank guarantees furnished by the petitioner in terms of the Rule within 15 days from the date of receipt of this order. No costs. Ed. This Case is also Reported in: 54 DLR (2002) 173. ..Category: Fiscal/Taxation Law | Date: | Hits: 83
Wahidul Haque Vs. Bangladesh and others, 2002, 31 CLC (HCD)
.... (2002)165.......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165.......st of the abandoned properties on 23-9-1986. Claiming title and possession in this property, the writ petitioner Wahidul Haque filed a case bearing No. 64/92 the 1st Court of Settlement Dhaka praying for release of the property from the list of abandoned property. The Settlement Court by its judgmen......bservation made in the body of this judgment. Send copies of this judgment to respondent Nos. 1-5 for proper guidance and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)165...Category: Property Law | Date: | Hits: 38
Barrister Ziaur Rahman Khan Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....High Court Division (Special Original Jurisdiction) Present: K M Hasan J Md. Abdul Quddus J Barrister Ziaur Rahman Khan………………………Petitioner Vs. Government of Bangladesh and others……………respondents Judgment November 28, 1999. Cases Referr......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ......3. It is stated in the petition that the respondent No.1, the Government of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, has framed binding Rules of procedure for the purpose of convening and holding meetings of the Thana Parishad co-ordination committee for ......l call such meetings to meet the contingencies and the meetings thus called will take decisions as per clause (4) of Annexure ‘C’. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 164. ..Category: Administrative Law | Date: | Hits: 462
Bangladesh Supreme Court Bar Association Vs. Shah Azizur Rahman, MP, 1999, 28 CLC (HCD)
....d. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159.......ntemner. Contempt Petitioner No. 40 of 1999. Judgment Kazi Ebadul Hoque J. - This Rule was issued calling upon the contemner Mr. Shah Azizur Rahman, MP to show cause as to why a proceedings for committing contempt of this Court should not be drawn up against him for allegedly making certai......em and would not be spared and the law would take its own course. In the result, the Rule is disposed of with the above observation. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 159...Category: Criminal Law | Date: | Hits: 120
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....nment of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and the people of Bangladesh. In the plaint, the plaintiff traversed the history of Farakka Barrage since 1961 constru......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......int, the plaintiff traversed the history of Farakka Barrage since 1961 constructed by the Government of India on the river Ganges which originates from Nepal and passes through India and Bangladesh before it flows down to the Bay of Bengal. The World Bank, the defendant No.1, provided the Government......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159...Category: Others | Date: | Hits: 79
.... Rule Nisi, briefly, be put thus:
The petitioner, Modern Cold Storage Limited, started its functioning in the industrial area of Feni town getting electricity connection from the respondent No. 2, Bangladesh Power Development Board and the petitioner has been paying its electricity bills submitte......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690....... petitioner has been paying its electricity bills submitted by the respondent No. 2 regularly but surprisingly, the respondent No. 2 issued bills dated 30-7-1996 and 1-8-1996 directing the petitioner for making payment of the supplementary electricity bills by way of penalty for an amount of Taka 12......and are of no legal effect.
The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated.
Ed.
This Case is also Reported in: 59 DLR (2007) 690...
Category: Others | Date: | Hits: 131
State Vs. Al Hasib Bin Jamal alias Hasib and five others, 2007, 36 CLC (HCD)
....ror 35 CWN 623Ghulam Kadir vs. Crown, PLD 1950 Bagdadl Jadid 51; Nurjahan Begum vs. State, 1988 BLD 389; Abu Taher Chowdhury and others vs. State; 42 DLR (AD) 253Sanwar Hossain vs. State, 45,DLR 489; Bangladesh vs. Paran Chandra Baron, 1986 BCR (AD) 225; Muslimuddin and others vs. State, 38 BLR (AD)......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ......peal No.145 of 2004. Judgment AKM Fazlur Rahman J.- This is a reference under section 374 of the Code of Criminal Procedure submitted by the learned Judge of Druta Bichar Tribunal No.3, Dhaka for confirmation of sentence of death awarded by him to absconding accused Al Hasib Bin Jamal alias ......absconding accused Ali Hasib Bin Jamal @ Hasib, Almas and Anif Mahmud alias Aurango @ Anga. Send down the lower Court's records at once. Ed. This Case is also Reported in: 59 DLR (2007) 653. ..Category: Criminal Law | Date: | Hits: 40
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