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Md. Enayetur Rahman and others Vs. The Government of People’s Republic of Bangladesh and others, 2011, 40 CLC (HCD)

....aforullah Chowdhury-For respondent No.3. Writ Petition No.9558 of 2010. Judgment  Md. Abu Zafor Siddique J. - On an application filed under Article 102(2) (a) (ii) of the Constitution a Rule Nisi was issued in the following terms:   “Let a Rule Nisi be issued calling upo......ted earlier by this court stands vacated. Communicate the judgment to respondent No.2 at once. Md. Emdadul Huq J. - I agree. This Case is also Reported in: 64 DLR (HCD) (2012) 116. ..

Category: Civil Law | Date: | Hits: 147

State Vs. Ashraf Ali and others, 2009, 38 CLC (HCD)

.... alias Ripon and Abdul Jalil alias Shimul. Send down the lower Court record at once. Mashuque Hosain Ahmed J.-I agree. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 310.  ...... Ali Molla and other Vs. State, reported in 44 DLR (AD), Page 10 and the case of Ustar Ali Vs. State, reported in 3 BLC (AD), Page 53 respectively. 62. In the instant case we found that there was absolutely no legal and trust worthy evidence against any of the non-confessing accused persons and ..

Category: Criminal Law | Date: | Hits: 82

SM Naimul Hoque Vs. Additional Deputy Commi­ssioner (City) Dacca and others, 1981, 10 CLC (HCD)

....Respondents Judgment January 29, 1981. Lawyers Involved: MI Farooqui, Advocate ‑ For the Petitioner. No one ‑ For the Respondents. Judgment Syed Muhammad Husain J.- In this Rule arising out of an application under Article 102 of the Constitution, the petitioner has challen......ion with the holding No.8/2, Aurangzeb Road, Block 'A', Mohammadpur Housing Estate Dacca to SM Naimul Hoque, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) ..

Category: Property Law | Date: | Hits: 65

Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)

....ent filed by defendant Nos. 2 and 3. Mr. Sinha also submitted that the trial Court has ample jurisdiction in awarding costs to any party at his discretion who seeks adjournment and referred the Civil Rule No.127 in Chapter VII of Civil Rules and Orders wherein it has been provided that: "Except w......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...

Category: Procedural Law | Date: | Hits: 68

State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)

....Imman Ali J. - This criminal appeal, by leave, is directed against the judgment and order dated 30.01.2008 passed by the High Court Division in Criminal Miscellaneous Case No. 4296 of 2006 making the Rule absolute arising out of G.R. Case No. 393 of 2005 corresponding to Kotwali Police Station Case ...... Ali J. - This criminal appeal, by leave, is directed against the judgment and order dated 30.01.2008 passed by the High Court Division in Criminal Miscellaneous Case No. 4296 of 2006 making the Rule absolute arising out of G.R. Case No. 393 of 2005 corresponding to Kotwali Police Station Case No.16..

Category: Criminal Law | Date: | Hits: 83

Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)

....ha, reported in 19 BLD (AD) 183. In the above cited case their Lordships observed- “It has been held by almost all the superior Courts of this sub-continent that the provisions of Order 22, Rule 9(2) (3) of the Code should be liberally construed. The reasons for such approach are not far t......ication for transposition of the defendant No. 4-petitioner in the category of the plaintiff from the defendant. Accordingly, we find substance in this rule. 24. In the result, the rule is made absolute. The abatement is set aside. The order dated 17.01.2010 passed by the learned Joint Di..

Category: Limitation Law | Date: | Hits: 219

Saijuddin Molla Vs. Abdur Rahman and others, 2011, 40 CLC (HCD)

....hmudul Ahsan, Advocatep-For the petitioner. Probir Halder with Abul Kalam Azad, Advocates-For the opposite-party No.1. Civil Revision No.1251 of 2010. Judgment Sheikh Abdul Awal J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the impugned judgment a......n Pre-emption Miscellaneous Case No.21 of 2003 is set-aside. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in:   ..

Category: Property Law | Date: | Hits: 62

Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)

....t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..

Category: Administrative Law | Date: | Hits: 196

Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)

....mad Imman Ali J. - This appeal, by leave, is directed against the judgment and order dated 24.06.2003 passed by a Division Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr. A. K. M. Harun-or-Rashid (respondent No.1 herein) filed the Writ Petition N......mman Ali J. - This appeal, by leave, is directed against the judgment and order dated 24.06.2003 passed by a Division Bench of the High Court Division in Writ Petition No.2146 of 2003 making the Rule absolute. 2. Mr. A. K. M. Harun-or-Rashid (respondent No.1 herein) filed the Writ Petition No.214..

Category: Employment/Service Law | Date: | Hits: 58

Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corpora­tion and another, 1990, 19 CLC (HCD)

....ved: M Saleem Ullah, Advocate ‑ For the Petitioners. M Shafzullah, Advocate ‑ For the Opposite Party No.1. Civil Revision No. 399 of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 115 of the Code of Civil Procedure and is directed a......already been much lingered which is because of this order which could have been avoided and the matter could not have dragged for one year more. With this observation and direction, this Rule is made absolute. The pleader Commissioner that would be appointed would submit his report within fifteen da..

Category: Property Law | Date: | Hits: 71

Khapan Bittahin Co-operative Society Ltd. Vs. Nagendra Mahisya Das, Secretary, Nijkurua Matsyajibi Samabaya Samity Ltd. and others, 1991, 20 CLC (HCD)

....1991. Judgment Mainur Reza Chowdhury J.- This is a peti­tion by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990. 2. The case of the petitioner (respondent No.4 in &a...... Judgment Mainur Reza Chowdhury J.- This is a peti­tion by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ Petition No.2551 of 1990. 2. The case of the petitioner (respondent No.4 in & s..

Category: Civil Law | Date: | Hits: 87

Yunus Mia (Md.) and others Vs. Secretary, Ministry of Public Works & Urban Development, Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ners Hasan Arif, Deputy Attorney‑General with Delwar Hossain, Assistant Attorney‑General ‑ For the Respondents. Writ Petition No. 339 of 1985 Judgment AM Mahmudur Rahman J.- By this Rule Nisi issued under Article 102 of our Constitution the respondents have been called upon to show...... the petitioners to the Government demanding payment of just and fair compensation and for allotment of alternative plot/side for their rehabilitation had gone unheeded.” The aforesaid statement is absolutely vague without giving any material particular for consideration of this Court from which t..

Category: Property Law | Date: | Hits: 79

Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)

....ellate Court addressed the issue in their judgments. 29. At the outset, it is to be examined whether the appellant can raise any question not covered by the leave granting order. 30. Order XX Rule 5 of the Supreme Court of Bangladesh (Appellate Division) Rules, 1988 provides as under: ......st in the suit land to his wife Ruh Afza by a registered deed of gift and said Afza in her turn, transferred her right, title and interest in the suit land to Md. Putan. Although Md. Putan became the absolute owner of 14 drones of land, the names of his heirs and heiresses were not recorded in the R..

Category: Property Law | Date: | Hits: 116

Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)

.... Md. Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509 of 2007 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 ......Abdul Wahhab Miah J. - This appeal by leave has arisen out of judgment and order dated the 26th day of October, 2009 passed by the High Court Division in Writ Petition No.9509 of 2007 making the Rule absolute. 2. Facts relevant to the disposal of this appeal are that respondent Nos.1 and 2 as pe..

Category: Company Law | Date: | Hits: 235

Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)

.... scale. He had withdrawn higher scale by suppression of real fact by securing a letter from the then Principal-in-Charge of the college without approval of the Governing Body. The Regulations and the Rules provide that the Governing Body of the college is the controlling authority and in fact the Go......titled to a higher scale. The writ petition is, therefore, liable to be dismissed. 4. The High Court Division upon hearing the parties by the impugned judgment dated 28th April, 2003 made the rule absolute and directed the writ respondent No.1 to issue MPO in respect of the writ petitioner in the..

Category: Employment/Service Law | Date: | Hits: 204

Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)

.... Islam Chowdhury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 11......ury J Professor Golam Azam…………………..Petitioner Vs. Government of Bangladesh and others.................Respondents Judgment August 12, 1992. Result: The Rule is make absolute. Cases Referred to- Abdul Hoque Vs. Government of Bangladesh, 33 DLR 113; 1982 BLD (..

Category: Immigration and Citizenship Law | Date: | Hits: 343

Safar Ali Miah & others Vs. Badsha @ Siddique & others, 1993, 22 CLC (HCD)

....d in Order XXI rule 32(1) of the Code of Civil Procedure, and if not, what is the remedy available to the decree‑holder. 2. Upon an application under section 115 of the Code of Civil Procedure a Rule was issued calling upon the Judgment‑debtor opposite‑parties to show cause why the order da...... in an execution case for the reliefs provided in Order XXI rule 32(1) of the Code of Civil Procedure and accordingly we answer the reference in the affirmative. 22. In the result the Rule is made absolute. The impugned order dated 8.5.85 passed by the learned Munsif, 2nd Court, Narayangonj is se..

Category: Civil Law | Date: | Hits: 100

Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)

.... been vested with the power to issue warrant of arrest against the petitioner during the investigation of any case in view of the provisions of rules 6 and 9(1) of the Inter­national Crimes Tribunal Rules of Procedure, 2010 (hereinafter mentioned as the Rules of 2010) and he Tribunal did not commit......dure with a view to quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Tribunal in view of the fact that all constitutional remedies available to the petitioner are absolutely barred by the provisions of Articles 47(3) and 47A of the Constitution. 4. Mr. Abdur R..

Category: Criminal Law | Date: | Hits: 103

Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)

....oners are learned Advocates of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judi­ciary from other organs of the State. They are c......with regard to the appointment of the Chief Justice is clear and does not call for any interpretation. Hence, the application is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 800. ..

Category: Constitutional Law | Date: | Hits: 228

Habibullah (Md.) and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)

....d J.- In this Application, and upon a further consideration of a Supplementary Affidavit filed on behalf of the Petitioners and treated by this Court as part of the main Petition, this Court issued a Rule Nisi on 25-7-2005 calling upon the Respondents to show cause as to why the impugned Memo No.LA/...... legal effect. The entire attempted acquisition process is accordingly found to be void ab initio. In light of the above, this Court finds substance in the Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 16 BLC (2011) 794...

Category: Property Law | Date: | Hits: 104