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AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)

....erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ......tion Appeal No.2 of 1984 reversing the Judgment and order dated 31.5.84 passed by the learned Elec­tion Tribunal, Bhola should not be set aside. 2. The petitioner filed the election petition be­fore the Election Tribunal, Bhola on 29.2.84 chal­lenging the election of the opposite party No.1 w......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ........................Opposite Parties Judgment February 18, 1986. Result: The Rule is discharged. Cases Referred to- 5 BCR (AD) (1985) 413; 28 DLR 375; 17 DLR 424; 20 DLR (SC) 211. Lawyers Involved: Shah Mohammad Sharif with Fakhrul Islam, Md. Abdus Satter Howlader and Farid Ah..

Category: Election Law | Date: | Hits: 163

Sekendar Miah, Director, BISIC, Dhaka & others Vs. Chairman, 1st Labour Court, Dhaka & another, 1989, 18 CLC (HCD)

....pugned order is, therefore, without jurisdiction. 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) 203. ......nst the Project Manager, Bangla­desh Forest Industries Development Corporation and the Director-in-Charge of the said Corporation as the second parties challenging his dismissal from service of the aforesaid Corporation. The said second parties contested the case. By judgment and order dated 25.5.8......pugned order is, therefore, without jurisdiction. 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) 203. ......................Petitioners Vs. Chairman, 1st Labour Court, Dhaka & another.....................Respondents Judgment January 18, 1989. Result: The Rule Nisi is made absolute. Lawyers Involved: Md. Aminul Haque, Advocate - For the Peti­tioners. Waliul Islam, Advocate -..

Category: Labour and Industrial Law | Date: | Hits: 192

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah in­stituted the above mentioned suit on 5.4.88 praying for a declaration that the order dated 1.4.88 of the Election Commission dispensing with the necessi......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ...... Shah Moham­mad Osman Ghani Vs. Bangladesh, Secy. M/O. Public Works & Urban & others, AIR 1937 Allahabad 365; Nawal Kishore Agarwala Vs. Municipal Board, Gorakhpur and others; 44 CWN 709. Lawyers Involved: Abdul Quayum, Advocate - For Petitioner. Md. Abdus Sobhan with Anisur Rahman..

Category: Election Law | Date: | Hits: 207

Begum Lutfunnessa Vs. The Government of Bangla­desh represented by the Secre­tary, Ministry of Works, Dhaka & others, 1989, 18 CLC (HCD)

....tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......o. 6147 (U) and R.S. Khatian No. 390 of Mouza Shahar Dhaka in 1951 to the extent of 66 acres and in 1955 to the extent of .6 acres by registered sale deeds and since then she had been enjoying and performing acts of ownership and possession by residing in the house, paying rents and taxes to the Gov......tioner may avail of any other alternative remedy as advised. The Rule is, therefore, discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 193. ......s.......................Respondents Judgment February 13, 1989. Result: The Rule is discharged. Case Referred to- Kohinoor Mercantile Corporation Vs. Hazera Khatun, PLD 1963 238. Lawyers Involved: H.R. Sharif, Advocate - For the Petitioner. Fakhrul Islam, Assistant Attorne..

Category: Property Law | Date: | Hits: 171

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......rocedure is directed against the order dated 18.8.88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit ......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......r, AIR 1961 Bombay 136; Deputy Commissioner (Revenue), Dhaka Vs. Dr. Abdur Rahman, 26 DLR 205; Nrisingh Prasad Paul Vs. Steel Products Ltd., AIR 1953 (Cal) 15; Clark Vs. Wray, (1885) 31. Ch.D. 68. Lawyers Involved: T.H. Khan with MA Wahab Meah, Advo­cates - For the Petitioner. S.R. Pal wit..

Category: Property Law | Date: | Hits: 58

Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......e at the instance of the plaintiff-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiffs prayer which was for withdrawal of Title Suit No. 94 of 1988 with permission to bring a fresh suit on the same cause ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......udgment November 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawar) 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Peti­tioner. Hemayetuddin Ahmed, Adv..

Category: Election Law | Date: | Hits: 152

AY Masihuzzaman Vs. Shah Alam & others, 1989, 18 CLC (HCD)

....it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ......ns 499 and 500 of the Bangladesh Penal Code. 2. Facts leading to this, in short, ate that the petitioner Mr. A.Y. Masihuzzaman, a Senior Advo­cate of this Court, filed a petition of complaint be­fore the Chief Metropolitan Magistrate, Dhaka under section 499 and 500 of the Penal Code stating th......it need be decided at an early date. Send down the records at once to the learned Court of Chief Metropolitan Magistrate, Dha­ka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 180. ...... Cases Referred to- Sukra Mahto Vs. Basudeo Kumar Mahto and another, AIR 1971 (SC) 1567; Ayeasha Bi Vs. Pear Khan Sahib, AIR 1954 (Mad). 741; Mohammad Isa Vs. Nazim Husain, 188 IC, (1940) 699. Lawyers Involved: Miah Abdul Gafur, Advocate - For the Peti­tioner. No one - For the Opposite..

Category: Criminal Law | Date: | Hits: 77

Government of Bangladesh Vs. Mini Begum and others, 2010, 39 CLC (AD)

....ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......by Mrs. Mahmuda Begum, Advocate-on-Record-For the Petitioners. A J Mohammad Ali, Senior Advocate, instructed by Md. Nurul Islam Chowdhury, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 1250 of 2010. (From the judgment and order dated 22.4.2010 passed by the ......ment within 1(one) week from the date of filing concise statement by the appellants. The appeal is fixed for hearing on 7th March, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 1008. ......hers ...........................Petitioners Vs. Mini Begum and others………………………………………Respondents Order November 28, 2010. Result: Leave is granted. Lawyers Involved: Rajik-Al-Jalil, Deputy Attorney General, instructed by Mrs. Mahmuda Begum, Advo..

Category: Employment/Service Law | Date: | Hits: 133

Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)

....are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002....... Mahbubuddin Ahmed Senior Advocate (M.A, Azim Khair, Advocate with him), instructed by Zainul Abedin, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Petition for Leave to Appeal No. 1526 of 2009. (From the Judgment and order dated 02.07.2009 passed by the......are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......an and others..............................Petitioners Vs. Abdul Jalil Meah and others...............................Respondents Order November 17, 2009. Result: Leave is granted Lawyers Involved: Mahbubey Alam, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Re..

Category: Property Law | Date: | Hits: 49

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......ication, Railway Division, General Manager, Bangladesh Railway (East) Chittagong and others including defendant No.11 namely, M/s Tip Top Caterer Ltd., Chittagong Railway Refreshment Room, Chittagong for a declaration that the order issued by the Chief Commercial Manager, Bangladesh Railway (defenda...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......ents Judgment March 20, 1991. Cases Referred to- Dominion of India Vs. RB Sohan Lal, AIR 1950 (East Punjab) 40; MA Naser Vs. Chairman PE Railway, Chittagong and others, 17 DLR (SC) 11. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advocates ‑ For Appellant (In appeal ..

Category: Civil Law | Date: | Hits: 72

Kabir and others Vs. State, 1991, 20 CLC (HCD)

.... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......e No.136 of 1988 convicting the appellants namely Kabir, Shahid Hossain @ Shafi, Sattar and Abdul Matin under section 395 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 5 (five) years and to pay a fine of Taka 1000.00 in default to suffer rigorous imprisonment for ...... against them. They may be set at liberty at once if not wanted in connection with any other case. Send down the records immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 755. ......another Vs. State, 1986 BLD 436; Juma alias Jamal Vs. State, 11 DLR (WP) 58; State Vs. Abdur Rahim Sikder, 10 DLR 61; Rahim Baksh Vs. Crown, 4 DLR (SC) 53; Monowar Ahmed Vs. State, 8 DLR (SC) 157. Lawyers Involved: Md. Ismail, Advocate ‑ For the Appellants. AKM Shamsul Karim, Assistant At..

Category: Criminal Law | Date: | Hits: 76

Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)

....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......r orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Court of Subordinate Judge, 1st Court, Dhaka praying for the following relief: “অতএব, উপরোক্ত অবস্থা ও ঘটন......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......, 1993. Cases Referred to- Chittagong Cox's Bazar Bilashi Malik Somily and others Vs. Harisadhan Das Barman, Advocate and ors, Civil Revision No.9632 of 1991; Civil Petition No.358 of 1992. Lawyers Involved: Khondaker Mahbubuddin Ahmed with AQ Fazlul Huq Khan, Sirajul Islam, Khalilur Ra..

Category: Civil Law | Date: | Hits: 87

Siddiqur Rahman Vs. State, 1988, 17 CLC (HCD)

....against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ...... absentia under Section 6 of the Control of Essential Commodities Act, 1956 i.e., Act I of 1956 read with Section 25 of the Special Powers Act, 1974 and sentencing him to suffer rigorous imprisonment for 5 (five years. Another accused Shah Alam was also charged along with him with the same offence b......against him. We direct that the appellant be set at liberty at once, if not wanted in any other case. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 173. ......Ansar Ali J Siddiqur Rahman..........................Appellant Vs. The State............................Respondent Judgment February 15, 1988. Result: The appeal is allowed. Lawyers Involved: Md. Latifur Rahman, Advocate - For the Ap­pellant. Gazi Siddique Ahmed, Adv..

Category: Criminal Law | Date: | Hits: 74

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......it No.212 of 1971. 2. The plaintiff-petitioner instituted the suit on 27.10.71 in the Court of the learned Subordinate Judge against Hara Mohan Das, predecessor-in-interest of the opposite parties for specific performance of a contract in respect of some landed properties situated in Barisal town......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......Petitioner Vs. Kalipada Das & others...............................Opposite Parties Judgment July 6, 1988. Result: The Rule is discharged. Case Referred to- 25 DLR 91. Lawyers Involved: Abdul Quayum, Advocate - For the Petition­er. Japan Kumar Chakraborty, Advo..

Category: Procedural Law | Date: | Hits: 65

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ...... at the instance of the plaintiff-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan, Assistant Judge, Barisal allowing in part the plaintiff's prayer which was for withdrawal of Title Suit No.94 of 1988 with permission to bring a fresh suit on the same cause o......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......s. Judgment Nov 23, 1988. Result: The Rule is made absolute. Cases Referred to- Nakimuddin Sana Vs. Sonaulla Biswas, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar, 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Peti­tioner. Hemayetuddin Ahmed, Ad..

Category: Election Law | Date: | Hits: 206

Dr. Md. Habibullah Vs. Secretary, Ministry of Home Affairs, Government of Bangladesh & others, 1988, 17 CLC (HCD)

....e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ......o holds directorships in a number of companies and travels extensively to hold business negotiations and to conclude contracts. He has regularly visited Ban­gladesh once or twice or thrice in a year for the last several years to hold business negotiations with the Government owned corporations and ......e D.I.G., Prisons & Supdt., Dhaka Central Jail as well as to the Secretary, Ministry of Home Affairs, Govt. of Bangladesh, Dhaka. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 160. ...... Bengal, A.I.R. 1975(SC) 623; Nakkuca Ali, 1951 AC 66; Abdul Latif Mirza, 31 DLR (AD) 1; Mir Abdul Baqui Baluch, 20 DLR (SC) 49; Govt. of West Pakistan Vs. Be­gum Shorish Kashmiri, 21 DLR (SC) 1. Lawyers Involved: Dr. Kamal Hossain with Aminul Huque, Advo­cates - For the Petitioner. A.K.M..

Category: Criminal Law | Date: | Hits: 108

Chunnu Chowdhury Vs. The District Magistrate & others, 1989, 18 CLC (HCD)

....nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......ents to show cause why detenu Yunus Ali Mintu, son of Nazir Uddin @ Nasir Uddin of College Road, Ishwardi, Upazila Ishardi, District Pabna, now detained at Pabna District Jail should not be brought before this Court so that it may sat­isfy itself that the detenu is not being held in custo­dy witho......nce, we direct that the detenu, the said Yunus Ali Mintu be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 156. ......89. Result: The Rule is made absolute. Cases Referred to- 18 DLR (SC) 214; 40 DLR (Dhaka) HCD 364; 31 DLR (AD) 1; 27 DLR (HCD) 496; 38 DLR (HCD) 93; 40 DLR 193, 207,358; 1988 BLD 363. Lawyers Involved: Lutfar Rahman Mondal with Bashiruddin Miah, Advocates - For the Petitioner. ..

Category: Criminal Law | Date: | Hits: 60

Ayar @ Ayaruddin and others Vs. State, 2004, 33 CLC (HCD)

....for taking necessary actions in this regard in the light of the observations made above within 7(seven) days from the date of receipt hereof. Ed. This Case is also Reported in: 56 DLR (2004) 495.......s on behalf of convicts in jail against their convictions and sentences under the general law as well as special laws. As these appeals involve almost common points of law, they are taken up together for disposal and this judgment would govern in all these appeals. 2. All but two appeals have bee......arded without delay to the Superintendent of the jail in which the prisoner is confined and an acknowledgment obtained. (9) Appeals from military prisoners against sentence passed on them by Court Martial must be forwarded, with a copy of the warrant, to the General Officer Commanding the Distric......@ Ayaruddin and others........................Petitioner Vs. State ........................................... Respondents Judgment June 19, 2004 Result: The appeals are dismissed. Lawyers Involved: Nikhilesh Dutta, Deputy Attorney General ‑ For the State. Jail Appeals No...

Category: Criminal Law | Date: | Hits: 73

Ayub Ali (Md) Vs. Abdul Khaleque, 2004, 33 CLC (HCD)

....Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ......Sessions Judge. Chittagong in Criminal Appeal No. 34 of 1995 should not be quashed and/or such other or further order or orders passed as to this Court might seem fit and proper. 2. Facts relevant for the purpose of disposal of this rule, in short, are that having found the convict petitioner Md.......Court below to undergo the remainder of the punishment and sentence. Sent down the LCR along with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 56 DLR (2004) 489. ...... Vs. State, 6 MLR (AD) 259; Alamgir Hossain (Md) alias Alamgir Vs. State, 49 DLR 630; Sher Ali Vs. State, 46 DLR (AD) 67; Md Alamgir Hossain alias Alamgir Vs. State, 17 BLD (1997) 478, 49 DLR 590. Lawyers Involved: Md. Khurshid Alam Khan with Bulbul Rabeya Begum, Advocate ‑ For the Petitione..

Category: Criminal Law | Date: | Hits: 87

Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......Rashid J. – Pre-emptors presented the above appeal against an order dated 07‑09‑99 passed by Subordinate Judge, Court No. 2 at Noakhali in Miscellaneous Case 19 of 1996, which rejected a prayer for pre-emption. 2. Short facts for disposal of the appeal are that, on 15‑09‑96 the preempto......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485....... Huq J Kamaluddin and others ……………Appellants Vs. Abdul Aziz (Md.) and others ......................Respondents Judgment June 22, 2004. Result: The appeal is allowed. Lawyers Involved: ABM Mahbub Suman, Advocate ‑ For the Appellant. Nawshad Zamir with Osman G..

Category: Property Law | Date: | Hits: 71