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Kazi Mokhlesur Rahman Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh and others………………………………………………Respondent Judgment Nove......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ......ppointment of respondent No.4 as Government pleader of Dhaka vide Annexure-A to the writ petition should not be declared to have been made and passed illegally and without any lawful authority (a per order dated 6-11-96). 2. It is the case of the petitioner that he was enrolled as an Advocate by ......be discharged. In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost. Ed. This case is also Reported in: 49 DLR (HD) (1997) 126. ..

Category: Others | Date: | Hits: 212

Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)

....me Court High Court Division (Special Original Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdul Matin J Shahriar Rashid Khan..........................Petitioner Vs. Bangladesh represented by the Secretary, Ministry of Law and Parliamentary Affairs and others..................‑settled that Martial Law is not a part of constitutional scheme of this country. It is an extra‑constitutional dispensation. It is a temporary measure, a short term arrangement. It meets only an interim need. When it leaves, it usually legalises all past actions for the purpose of immunity, wit...... standi to file the writ petitions and that they might seek alternative remedy under the Criminal Procedure Code. So, the two writ petitions were not maintainable. He further submits that against the orders passed in those two writ petitions the petitioners went before the Appellate Division and pre......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..

Category: Criminal Law | Date: | Hits: 202

Habibur Rahman Mondal (Md.) and others Vs. State and another, 2010, 39 CLC (HCD)

....2004 raise some confusion. Obviously it does not mean lodgment of first information report. Subsequent expression in the next line of the section 32 (1) of the Durnity Daman Commission Ain, 2004 has made it clear that such sanction is only necessary at the time of filing case to the Court and not to......rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ......e No. 7 dated 7-4-2005 then pending in the Court of Magistrate, First Class, Gaibandha, should not be quashed or any other passed as this Court may deem fit and proper. 2. By the same Rule issuing order, all further proceeding of the above mentioned case was also stayed for a period of 6 (six) mo......rk and submit police report as early as possible. Let a copy of the judgment and order be trans­mitted to the Court below without delay Ed. This Case is also Reported in: 63 DLR (2011) 23. ..

Category: Criminal Law | Date: | Hits: 101

Shahajada Talukder Vs. Election Commissioner and others, 2003, 32 CLC (HCD)

.... Ed. This Case is also Reported in: 55 DLR (2003) 420....... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420.......ful Alam Mahmud, Advocates—For Respondent No.6. Writ Petition No.1031 of 2003. Judgment Md. Tafazzul Islam J.- This Rule was issued calling upon the respondent to show cause as to why the order dated 5‑1‑2003 passed by the respondent No.4 rejecting the Appeal filed by the petitioner...... cancelled and the Returning Officer is directed to hold fresh election upon accepting the nomination paper already filed by the petitioner. Ed. This Case is also Reported in: 55 DLR (2003) 420...

Category: Election Law | Date: | Hits: 211

International Finance Investment and Commerce Bank Ltd. Vs. Chittagong Steel Mills Limited and another, 2002, 31 CLC (HCD)

....tment and Commerce Bank Ltd…….…..Petitioner Vs. Chittagong Steel Mills Limited and another....................Opposite Parties Judgment November 27, 2002. Result: The Rule is made absolute. Cases Referred to- Musammat Umme Kulsum Vs. Shamiyan Rahim and others, 1998 BLD ......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417.......ullah, Advocate—For the Petitioner. Syed Ishtiaq Ahmed, Counsel—For Opposite Party No.1. Civil Revision No.2611 of 1996. Judgment Gour Gopal Saba J.- This Rule is directed against the order dated 5‑8‑1996 passed by the Subordinate Judge and 2nd Court of Artha Rin Adalat and Comme......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (2003) 417...

Category: Civil Law | Date: | Hits: 101

Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)

....assed by the learned Additional District Judge, Noakhali in Title Appeal No.15 of 1998 reversing the Judgment and decree dated 14‑1‑1998 passed by Senior Assistant Judge in-Charge, Second Court, Sadar Noakhali, in Title Suit No.69 of 1991. 2. The relevant facts for the disposal of this Rule, ......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......n the custody of his full brother who has been living in his paternal house. It is evident that at the time of recent survey operation, the plaintiff brought the title documents from the defendant in order to record their name in the khatian. He further submits that the plaintiff failed to prove mot......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ..

Category: Property Law | Date: | Hits: 103

Abdul Hannan Vs. Managing Committee, Mohamma­dia Market Baboshahi Bahu­mukhi Samabaya Samity Limited, 2000, 29 CLC (HCD)

.... Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ...... despite resistance from the general member of the society. The aforesaid committee has been expelled by the general members of the society for misappropriation of Taka 54,31,355.55 and thereafter an interim co-­opted committee was formed by the general members of the society and plaintiff along wi......a, Advocates—For the Petitioner. Syed Ziaul Karim with UF Ahmed, Advocates—For the Opposite Party. Civil Revision No. 28 of 2000. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 30‑9­-1999 passed by the Assistant Judge, 1st Court, Dhaka in Title Suit No.238 of 19......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs. Stay granted by this Court stands vacated. Ed. This Case is also Reported in: 55 DLR (2003) 409. ..

Category: Procedural Law | Date: | Hits: 124

Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)

....n the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......ubsequently, Nazar Ali filed three Miscellaneous cases bearing Nos.1030/72‑73, 103/72‑73 and 1033/72‑73, for redemption in pursuance of President's Order No.88 of 1972 and the Magistrate passed orders of redemption on 28‑7‑73, 13‑3‑74 and 12‑3‑74 respectively but Nazar Ali and his ...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ..

Category: Property Law | Date: | Hits: 114

Talebur Rahman alias Taleb and 2 others Vs. State, 1994, 23 CLC (HCD)

...................................................Respondent Judgment November 22, 1994. Result: The appeals are allowed. Cases Referred to- Nurul Islam Vs. State 8 BLD (1988) 106; Arshadullah and Nurul Islam Vs. State 21 DLR 684; Abul Hashem Vs. State, 44 DLR 159. Lawyers Involved......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ......n 19A and 19(f) of the Arms Act and sentenced to suffer rigorous imprisonment for 10 years and 7 years respectively with a direction that both the sentences will run consecutively by the judgment and order dated 17‑4‑1993 passed by the Special Tribunal Judge, Court No.17, Dhaka in Special Tribun......ny other case and the accused appellant Abdul Matin be discharged from his bailbond. Send down the lower Court records immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 167. ..

Category: Criminal Law | Date: | Hits: 74

Amir Hossain Dhali and other Vs. State, 1997, 26 CLC (HCD)

....t of Sariatpur. At 10‑00 PM of the same night appellant Amir Hossain Dhali along with accused Abdul Mannan Bayati and Ayub Ali Sarker came to the house of deceased Abdur Rashid and asked him if he had received money from accused Shamsul Haque Sarder in respect of the tank which is adjacent to the ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ......peal No.2176 of 1995 and Criminal Appeal No.1713 of 1996. Judgment Md. Abdul Karim J.- Criminal Appeal No.2176 of 1995 and Criminal Appeal No. 1713 of 1996 are directed against the judgment and order dated 31‑11‑91 passed by the learned Sessions Judge, Sariatpur, in Sessions Case No.16 of ......ty forthwith, if not wanted in connection with any other case. Appellant Amir Hossain Dhali is discharged from his bail bond forthwith. Ed. This Case is also Reported in: 49 DLR (HD) (1997)163. ..

Category: Criminal Law | Date: | Hits: 85

Institute of Child Mother Health Vs. Abdus Salam, son of Late Yusub Molla and another & 5 others, 1996, 25 CLC (HCD)

....udgment Md. Golam Rabbani J.- All these Rules have been obtained by the Requiring Body against the awards of compensation for acquired lands arising out of six arbitration cases. 2. Government had acquired in accordance with the provision of Acquisition and Requisition of Immovable Property Ac......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160.......bitration and the court of Subordinate Judge, Dhaka as Arbitration Revision Cases respectively being Nos.1654, 820, 1629, 1637, 1634 and 842 all of 1990. 4. Learned Arbitrator by his judgment and order passed in the case No.1654 of 1990 increased the award and fixed the compensation at the rate ......pposite parties in the other civil revisions shall get interest @ 10 percent from the date of this judgment (19-8-96) till realisation. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 160...

Category: Property Law | Date: | Hits: 84

Nasiruddin (Hazi Md.) Vs. Md. Mozammel Hossain and others, 2010, 39 CLC (HCD)

....tition committed no error of law. 8. Moreover, the impugned judgment and order in its entirety is well founded in the facts and circumstances of the case. So, the grounds urged and the contentions advanced by learned counsel for petitioner are not the correct exposition of law and facts. Therefor......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ......iscellaneous Case No. 7 of 2008. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of defendant respon­dent petitioner calls in question the legality and pro­priety of judgment and order dated 26-8-2008 passed by learned District Judge, Dhaka, summarily rejecting Transfer Miscella......spose of the appeal within two months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 303. ..

Category: Procedural Law | Date: | Hits: 108

Jahangir Alam and others Vs. State, 2011, 40 CLC (HCD)

....the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294.......the Anti-Corruption Commission (ACC). Criminal Appeal No.8770 of 2009 with Criminal Appeal No.142 of 2010. Judgment AKM Zahirul Hoque J.- These two appeals arose out of the same judgment and order dated 30-11-2009 passed by the Divisional Special Judge, Barisal in Special Case No. 9 of 2009......d from their respective bail bonds. Send down the lower court record together with a copy of the judgment to the Court below at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 294...

Category: Criminal Law | Date: | Hits: 142

Global Access Ltd. Vs. Bangladesh and others, 2003, 32 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Salma Masud Chowdhury J Global Access Ltd..................................Petitioner Vs. Bangladesh and others…………….……………..Respondents Judgment January 25, 2003. Res......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433.......alling upon the respondents to show cause as to why the contract to supply and incorporate a Convert-Overt Featured Foil with Applicator Machine for the Cigarette Stamp and Band signified by the work order dated 22‑9‑02 awarded by respondent No.7 to the respondent No.8 (Optalgio Limited) arising......ty. So, we do not find anything which can be considered as mala fide. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 433...

Category: Others | Date: | Hits: 174

Dr. Abida Sultana Bhuiyan Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs, and others, 2003, 32 CLC (AD)

....with if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ......nt Attorney‑General­—For the Respondents. Writ Petition No.1385 of 2003. Judgment Md. Awlad Ali J.- This Rule Nisi issued under Article 102(2)(b)(i) of the Constitution arises out of an order of detention dated 24‑12‑2002 made by the District Magistrate, Dhaka. 2. The petitioner......lice Station Kotwali, District Dhaka now detained in Dhaka Central Jail be set at liberty forthwith if he is not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 430. ..

Category: Criminal Law | Date: | Hits: 104

Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)

.... orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......th M Saleemullah, Advocates—For the Opposite Party. Civil Revision No. 4639 of 1995 with Civil Revision No. 4640 of 1995. Judgment MA Wahhab Miah J.- These two Rules have arisen out of two orders of similar nature passed in Miscellaneous Case Nos.29 of 1995 and 30 of 1995 both dated 31‑...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ..

Category: Procedural Law | Date: | Hits: 100

Insab Ali (Md.) Vs. Magistrate (Abu Zafar) Jessore and others, 2010, 39 CLC (HCD)

....o legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ......trate sought report from the respondent No. 2 who sent his report on 17-2-2007 denying the claim of the petitioner. Thereafter the learned Magistrate dismissed the said MR Case No.13 of 2007 vide his order dated 29-4-2007. 4. Being aggrieved the petitioner filed Crimi­nal Revision Case No.75 of ...... Kg Soybean oil not shown in the seizure list is hereby declared to have been done without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 290. ..

Category: Criminal Law | Date: | Hits: 94

Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)

....ial case No.5 of 2007 arising out of special case No.32 of 2007 of the Court of Senior Special Judge and Metropolitan Sessions Judge, Dhaka corresponding to GR case No.22 of 2007 arising out of Mohammadpur PS case No.95(3)707 convicting the convict-appellant section 26(2)(Ka) of the Anti-Corruption ......rged on bail. 13. In the result, the application for bail is allowed. Let the convict-appellant Iqbal Hasan Mahmood alias Iqbal Hasan Mahmood Tuku, son of late Abdullah-al-Mahmood be enlarge on ad-interim bail for a period of 3 (three) months to of that con­tention the convict-appellant has subm......an applica­tion for bail on behalf of the convict appellant-Iqbal Hasan Mahmood @ Iqbal Hasan Mahmood Tuku. 2. The convict-appellant preferred the instant appeal against the impugned judgment and order dated 15-11-2007 passed by the learned Special Judge, Special Court No.5 Dhaka in special case......on the Medical Board stat­ed as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..

Category: Criminal Law | Date: | Hits: 125

Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)

....hasan J Salma Begum……………………Petitioner Vs. Sonali Bank Limited and others………………………Opposite-Parties Judgment August 19, 2010. Result: The Rule is made absolute. Cases Referred to- 15 MLR (AD) 20; 15 BLT (AD) 237; 15 BLT at page 425. Lawy......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ......ri, Advocate - For the Opposite-Party No.2. Civil Revision No.185 of 2010. Judgment Abdul Awal J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 9-11-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellan......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..

Category: Civil Law | Date: | Hits: 229

Mokbul Hossain and another Vs. State, 2003, 32 CLC (HCD)

....‑12‑1990. Informant Saidul Islam and his elder brother deceased Azizul Islam went at 4‑00 PM to Kashigonj Bazar. While they were returning at 10‑00 PM and when they came to the place on the road 200 yards west from the house of one Gofur 5/7 miscreants encircled them and stopped them on the ......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ......e Appellant. ABM Waliur Rahman Khan Assistant Attorney­-General—For the State. Criminal Appeal No. 2280 of 2000. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 26‑6‑2000 by Additional Sessions Judge First Court Mymens......ted of the charge thereunder. Both appellants Mokbul Hossain and Atikul are directed to be set at liberty if not required in any other case. Ed. This Case is also Reported in: 55 DLR (2003) 396. ..

Category: Criminal Law | Date: | Hits: 103