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Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......ay seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of ......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118.......; Mokendre Nath Roy and others Vs. Sushila Susho Dasi and others, 17 DLR 643; Ramjeewean Vs. Chand Mohammad, AIR 1976 (Rajsthan) 65; Muhammad Jamal Vs. Chairman, Industrial Court 16 DLR (SC)) 386. Lawyers Involved: SK Sinha with AK Ahmadul Hasan and Md. Shafiqur Rahman, Advocates‑For the Pet..Category: Procedural Law | Date: | Hits: 70
M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......udge, 3rd Court, Dhaka in Title Suit No.284 of 1993 should not be set aside. The learned Subordinate Judge by the said order accepted the security bond furnished by the present opposite party in the aforesaid suit which was filed under section 33 of the Arbitration Act as amended. 2. The short fa......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......…………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment May 28, 1996. Result: The Rule is discharged. Lawyers Involved: Khandker Mahbubuddin Ahmed, Advocate-For the petitioner. Abdul Wadud Bhuiyan..Category: Alternative Dispute Resolution | Date: | Hits: 245
....‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......the petition moved in Court today should not be declared to have been made without lawful authority and to be of no legal effect.
2. The facts, as stated in the petitioner, in short, are that the aforementioned case property, was owned and possessed by once Nur Mohammad Sarder as lessee under the......‘96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......Bangladesh 30 DLR 336; Rahimuddin Baarsha Vs. Bangladesh, 46 DLR 130; Abul Ala Moududi Vs. West Pakistan 17 DLR (SC) 209; Sheikh Ali Ahmed Vs. Secretary, Ministry of Home Affairs, 44 DLR (AD) 140.
Lawyers Involved:
Khalilur Rahman, Advocate–For the petitioner.
Bazlur Rahman Chhana, Assist..
Category: Limitation Law | Date: | Hits: 175
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ision No. 1488 of 1993. Judgement AKM Sadeque J. - This rule at the instance of the pititioner Dr. Ahmed Sharif arises out of an application under section 561A of the Code of criminal Procedure for quashment of the CR case No.226 of 1992 under sections 295A and 298 of the Penal Code now pendin...... another……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and others, rep......……………………………………Opposite Parties Judgment August 1, 1994. Result: The Rule is disposed of. Cases Referred to- Dr. Muzzammel Huq Chowdhury Vs. Chief Martial Law Adminstrator and others, 32 DLR (AD) 100; Emperor Vs. Benoari Lal Sharma and others, reported in..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......No.38 of 1989 by the learned Sessions Judge, Narayangonj convicting the appellants, namely, Nuru and Mozaffar under sections 302/34 of the Penal Code sentencing them thereunder to suffer imprisonment for life and also to pay a fine of Taka 3,000.00 in default to suffer RI for a further period of 6 m......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......u Miah and another………………..Appellants Vs. State…………………………………………….Respondent Judgment October 31, 1996. Result: The appeal is allowed. Lawyers Involved: Alaluddin, Advocate-For the Appellants. AQ Rashid Ahmed, Assistant Attorney-..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......on 13-6-88 under the name and style M/s. Al-Kaderia Enterprise (Pvt.) Ltd. “with the registrar, Joint stock Companies. Thereafter he filed an application with RAJUK (Rajdhani Unnayan Kartripakhaya) for approval of a project started by him for residential accommodation namely: “Jilanipuri Modern ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. Delear Hossain, Advocate-For the Petitioners. Syed Abu Kowsar, Assistant..Category: Criminal Law | Date: | Hits: 105
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......t facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a plaintiff filed SCC Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plain......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......ases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi and others reported in 35 DLR (AD) 310. Lawyers Involved: Amir Hossain, Advocate‑For the Petitioner. AKM Mozibur Rahman, Advocate‑..Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election. 2. The opposite party 1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against the petitioner and opposite party Nos.2‑8 for decla......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......………………………………….Petitioner Vs. Md. Mofizuddin Sarker and others………………Opposite Parties Judgment August 8, 1994. Result: The Rule is discharged. Lawyers Involved: MA Wahab Miah with Obaidul Hasan and Enayetur Rahim, Advocates‑ For the Petit..Category: Election Law | Date: | Hits: 148
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For the Respondent. Criminal Petition for Special Leave to Appeal No. 70 of 1978. (From the judgÂment and order dated 18-1-1978 passe......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......Kanak Chandra Shome and another……………………Respondents Judgment June 14, 1978. Cases Referred to- Fazlul Karim Vs. Abdus Sobhan, 26 DLR 291; (1979) 31 DLR 169; 26 DLR 491. Lawyers Involved: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For t..Category: Criminal Law | Date: | Hits: 69
....on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......igh Court wherein the detenu's challenge to his order of detention passed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Powers Rules 1975 failed.
Facts need to be stated for disposal of the appeal are that the detenu, a lecturer in the Department of Physics, Dacca Unive......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......; Abdul Latif Mirza Vs. Government of BanglaÂdesh; Mahbub Anam (PLD 1959 Dacca 774); Keshab Talpade Vs. Emperor, AIR 1943 F.C.I; Shibban Lal Saksena Vs. State of Uttar Pradesh, AIR 1954 (SC) 179.
Lawyers Involved:
S.R. Pal, Senior Advocate, with S.S. Halder, Advocate, instructed by Aminul Huq..
Category: Criminal Law | Date: | Hits: 103
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
....r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......se No. 40 of 1997 arising out of Motlob Police Station Case No. 2 dated 5.4.1995 convicting the accused-appellant Humayun under Section 302 of the Penal Code and sentencing him to suffer imprisonment for life and also to pay a fine of Tk. 5,000/- only, in default, to suffer rigorous imprisonment for......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......un Bepari…………………Appellant Vs. The State………………………………………………Opposite party Judgment March 7, 2011. Result: The appeal is dismissed. Lawyers Involved: None appears - For the Appellant. Md. Ensanuddin Sheikh, Assistant Attorney ..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......to Ramna Police Station Case No. 64(9)07 convicting accused-appellant No. 1 under section 26(2) of the Anti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 20......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ......Case Referred to- Anti-Corruption Commission Vs. Dr. Mohiuddin Khan Alamgir and others, (2010) 62 DLR (AD) 290, Anti-Corruption Commission Vs. Shamima Begum and others, (2010) 62 DLR (AD) 277. Lawyers Involved: Abdul Baset Majumder with M. Sayed Ahmed & Gazi Mostaque Ahmed, Advocates ..Category: Criminal Law | Date: | Hits: 108
.... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
......ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ......ages. Consequently Respondent 1 requested Appellants and Respondent 2 to revive the contract schedule and claimed additional expenses in terms of the contract. At the intervention of the Deputy Chief Martial Law Administrator-in-charge, an agreement was reached for the termination of the contract. A......o-
Heyman Vs. Darwins Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A.I.R. 1953 S.C. 182; The Printers (Mysoro) Private Ltd., Vs. Pothan Jeseph, A.I.R. 1960 S.C. 1156.
Lawyers Involved:
Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record –..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239....... For the State. Criminal Appeal No.286 of 1983. Judgment Habibur Rahman Khan J.- The appelÂlant Abu Taleb has been convicted under Section 397 of the Penal Code and sentenced to suffer R.I. for 7 years and also to pay fine of Taka 2,000/-, in default, to suffer R.I. for 4 months more by th......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immeÂdiately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......Result: The appeal is allowed. Cases Referred to- Safar Ali and others Vs. The state, 36 DLR 185; Munowar Ahmed Vs. The State, 8 DLR (SC) 157; Abul Hossain Mia Vs. The State, 23 DLR 58. Lawyers Involved: Abdul Momin Talukder, Advocate - For the Appellant. Md. Shahjahan, Advocate ..Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
....arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......ment Habibur Rahman Khan J.- The writ petition under Article 102(2)(b)(i) of the ConstituÂtion of the People's Republic of Bangladesh has been filed by one Mosammat Siria Begum seeking an orÂder for the release of her husband Md. Ofazuddin DeÂwan from detention. 2. On the application of th......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......DLR 567; DLR 48; 40 DLR 21; 38 DLR 93 (RL. 101); Anwar Hossain Vs. Government of Bangladesh, 30 DLR 423; Sultan Ara Begum Vs. SecÂretary, Ministry of Home Affairs and others, 38 DLR 1986 page 93. Lawyers Involved: M. Taleb Ali, Advocate - For the Petitioner. Sajjad Ali Chowdhury, Assistant..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. .......3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite parties as plaintiffs filed Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representative form "for deÂclaring customary right of user of the suit water resÂervoir by easement by long user......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......38 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, AIR 1938. Lawyers Involved: Dewan A.M.S. Zaman with Akhlaqur Rahman, Mahmud Hussain, Abdul Karim Chowdhury ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......Âpeals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovÂery of khas possession......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......ent September 23, 24, 1986. Result: The appeal be allowed. Cases Referred to- Kalipada Roy Vs. Mukunda Lal, 34 CWN 131 Section 36; 7 DLR 94, 16 DLR 287 (SC), 6 DLR 539, 23 DLR 99. Lawyers Involved: Dewan A.M.S. Zaman, Advocate - For appellants. B.K. Das with Miftahuddin Ch..Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
..... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... 2 and their Bharatias, accompanied by several goondas knocked upon the door of the residence of the petiÂtioner and announced threats to murder them. The peÂtitioner and their family members, therefore, had genuine apprehension that the opposite party Nos.1 and 2 with the help of the Bharatias an....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219.......st. Zaheda Banu 3. The State represented by the Deputy Commissioner, Rajshahi..........................Opposite Parties Judgment November 2, 1987. Result: The Rule is made absolute. Lawyers Involved: S.M. Amin Azhar with Md. Sajjad Ali Chowdhury, Advocates - For Petitioner. N..Category: Criminal Law | Date: | Hits: 70
Md. Abdu Mia Vs. The Election Commission & others, 1988, 17 CLC (HCD)
....rdingly, the Rule is discharged without, howevÂer, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ......ice dated 2.4.88, issued by the Respondent No.2 in concurrence with the Respondent No.1, namely Annexure 'C purporting to hold fresh poll on 10.4.88 at Mohanpur Primary School Polling staÂtion, only for the office of the members, should not be declared to have been issued without lawful auÂthority......rdingly, the Rule is discharged without, howevÂer, any order as to cost. The Slay order passed on 12.7.88 hereby stands vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 215. ...........Opposite Parties Judgment December 15, 1988. Result: The Rule is discharged. Case Referred to- Master Shamsul Hoq Vs. Republic of Bangladesh, Writ Petition No.637 of 1988. Lawyers Involved: Abu Taher Chowdhury with Tofazzal Hossain, Advocates - For the Petitioner. A..Category: Election Law | Date: | Hits: 161
Jn. Md. Saleh Ahmed Khan Vs. Government of Bangladesh & others, 1989, 18 CLC (HCD)
.... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......86/303(5) dated 5.6.86 (Annexure G) issued by the respondent No.1 shall not be declared to have been made without any lawÂful authority and to be of no legal effect. 2. The petitioner with others formed a coÂoperative society under the name and style of "Mirpur Shaheed Sriti Market Babashayee B...... without jurisdiction and without lawful authority. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 210.......152; Saiyyid Abul A'la Maudoodi Vs. the Government of West Pakistan, 17 DLR (SC) 209; Saleh Uddin Khan Vs. Bangladesh and others, 34 DLR 120; Bangladesh Vs. Md. Afzal and others, 40 DLR (A.D) 154. Lawyers Involved: Abdur Rab Chowdhury with Salma Ali, AdvoÂcates - For the Petitioner. A.F. H..Category: Civil Law | Date: | Hits: 87
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