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Shariful Islam Vs. Billal Hossain and the State, 1992, 21 CLC (HCD)
.... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......t shall not be set aside. 2. The petitioners case, in short, is that opposite party No.1 lodged FIR with Munshiganj Police Station alleging that on 16.3.91 at about 6‑00 AM when the son of the informant went out of the hut to respond to the call of nature, at the order of accused Ali Ahmed, acc...... Revision No.33 of 1991 is hereby set aside and the trial Court is hereby directed to proceed with the trial in accordance with law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 722. ......Mahmudul Amin Chowdhury J Shariful Islam…………………………Petitioner Vs. Billal Hossain and the State………………………Opposite Parties Judgment July 29, 1992. Lawyers Involved: Dr. Rafiqur Rahman, with Serajur Rahman, Advocates ‑ For the Petitioner. ..Category: Criminal Law | Date: | Hits: 67
Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)
....trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ......earned Munsif, Kendua Upazila dated 23.8.84 in Misc. Case No.115 of 1984. 2. Opposite parties filed an application under Order 39, rr. 1 and 2 CPC in Title Suit No.358 of 1981 which was instituted for permanent injunction in the Court of Munsif, Netrakona on various averments and the learned Muns......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ...... Pakrashi and another, 1927 Cal. 598; Mamtaz Meah Vs. Mosammat Amirunnessa, 9 DLR 444; Hatim Vs. Shah Din, PLD 1952 Lah. 77; Sultan Ahmed Howlader and others Vs. Habibur Rahman Munshi, 39 DLR 260. Lawyers Involved: Ahmed Hossain, Advocate ‑ For the Petitioners. SS Halder with Rabindra Gho..Category: Criminal Law | Date: | Hits: 90
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......rbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates Ltd, was appointed for construction of Low Cost Fertilizer Warehouse and Ancillary Buildings at Tepakhola, Faridpur by ......ters at rest arising out of the situation like the present one. In the result, we allow this appeal without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 712. ......Ltd. Bombay Vs. Francois Tagher, Barcelona, (1949) 2 All England Reports 62; Wildhandel NV Vs. Tucker and Cross (1976) 'Lloyd's Rep. 341; Panchard Vs. Pagnan (1974) 1 Lloyd's Rep. 394 at page 411. Lawyers Involved: Dr. Kamal Hossain with Saha Abu Nayeem, Advocates ‑ For the Appellant. Sye..Category: Alternative Dispute Resolution | Date: | Hits: 156
....defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
...... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
......ry Education Dhaka and others Vs. Motijheel Model (High School) and others, 46 DLR 485; Secretary of State Vs. Masket, AIR 1940 (PC) 105; Farida Begum and others Vs. Moulavi Md. Hasen, 43 DLR 242.
Lawyers Involved:
Dowan Mokhdum with Nurul Amin, Advocates-For the Petitioners.
Md. Habibullah..
Category: Employment/Service Law | Date: | Hits: 66
....ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32.......anik alias Farukul Islam, son of Montaz alias Montazul Islam of village Shehlabunia, Razzak Sarak, PS Mongla, District Bagerhat now being detained in Bagerhat District Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful a......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case.
Ed.
This Case is also Reported in: 57 DLR (2005) 32....... Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89.
Lawyers Involved:
Kazi A Hakim, Advocate‑For the Petitioner.
Md. Abdul Quadir Talukder, Assi..
Category: Criminal Law | Date: | Hits: 64
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......itioners is directed against the order dated 20‑9-1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fee......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......li Bepari Vs. Province of East Pakistan represented by the Deputy Commissioner, Mymensingh, 22 DLR 646; Mohammad Abdul Nasir and others Vs. People's Republic of Bangladesh and another, 28 DLR 392. Lawyers Involved: Enayetur Rahim, Advocate-For the Petitioners. Md. Khurshid Alam Khan, Advoca..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
.... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......ate invited our attention to the principle of "reasonable restriction" as enunciated in that case. We regret that the learned Advocate failed to distinguish the facts and circumstances of the cases before us and the cited case. In the instant case, before us no restrictions imposed by law have been ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ...... May 13, 2003. Cases Referred to- Abdul Ala Moududi Vs. Government of West Pakistan, 17 DLR (SC) 209; Waris Mea Vs. State, 9 DLR (SC) 117; Dr. Nurul Islam Vs. Bangladesh, 33 DLR (AD) 201. Lawyers Involved: Shah Md. Monir Sharif, Advocate-For the Petitioner. Mohammad Hossain, Advoca..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......rt of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners name......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......b J Abdur Rahman Dhali and others......................Accused-Petitioner Vs. State………………………………………………..Opposite Party Judgment November 1, 2004. Lawyers Involved: None appears-For the Petitioners. Md. Afsar Hossain, Assistant Attorney-Gene..Category: Criminal Law | Date: | Hits: 85
Abdul Mannan Bhuiyan (Md.) Vs. University of Rajshahi and others, 2004, 33 CLC (HCD)
....ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ......’s) Examination held in 2000 and obtained Second Class First position securing 59.44% marks but he got only 32 marks in one paper, namely, the Administrative Law, as such, he filed an application before the Vice Chancellor of the University on 24-10‑2000 praying for re‑examination of his ans......ding the application of the petitioner a cost should be imposed. In the result, the rule is made absolute with a cost of Taka 5,000 only. Ed. This Case is also Reported in: 57 DLR (2005) 14. ...... Md. Miftahuddin Chowdhury J Abdul Mannan Bhuiyan (Md.)........................Petitioner Vs. University of Rajshahi and others...............Respondents Judgment April 26, 2004. Lawyers Involved: Md. Tajul Islam with Faruk Hossain, Advocates-For the Petitioner. MA Sobhan ..Category: Others | Date: | Hits: 157
Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)
....r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453....... Shamsuddin Ahmed Chowdhury Vs. State and another, 49 DLR (AD) 159; Shambhu Nath Saha and others Vs. State, 43 DLR 660. Lawyers Involved: Idris Khan with Mahfuza Begum, Advocates ‑ For the Informant Petitioner. Md. Abdul Hoque, Advocate ‑ For Opposite Party No. 2. Criminal Miscellan......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......arch 16, 2003. Result: The Rule is discharged. Cases Referred to- Shamsuddin Ahmed Chowdhury Vs. State and another, 49 DLR (AD) 159; Shambhu Nath Saha and others Vs. State, 43 DLR 660. Lawyers Involved: Idris Khan with Mahfuza Begum, Advocates ‑ For the Informant Petitioner. M..Category: Criminal Law | Date: | Hits: 62
Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)
.... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......s a citizen of Bangladesh and he has filed this writ petition under Article 102(2)(b)(ii) of the Constitution, From the heading, it appears that the interest of the petitioner is to get relief in the form of writ of quo warranto, However, in the prayer portion the petitioner has made a prayer to the...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......………………………………Petitioner Vs. Md. Abdul Hamid, Advocate and others……………………Respondents Judgment July 24, 2002 Result: The Rule is discharged. Lawyers Involved: Khan Saifur Rahman with Syed Golam Mostafa, Md Ali Khan, Umme Kulsum Rekha and ..Category: Constitutional Law | Date: | Hits: 242
....2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975 as amended vide SRO No, 289-Ain/1997 dated 31‑12‑1997. In Writ Petition No. 2562 of 2003 the petitioner has impugned the aforesaid Rule 10 as amended by SRO 273-Ain/2002 dated 2‑10‑2002.
3. No Affidavit-in-Opposit......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs.
Ed.
This Case is also Reported in: 56 DLR (2004) 444.......iction)
Present:
Syed Mahmud Hossain J
Tariq‑ul Hakim J
Hafez (Md.) Bazlur Rahman and others ..................Petitioners
Vs.
Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ......……………......Respondents
Judgment..
Category: Civil Law | Date: | Hits: 70
Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)
....erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......service of the University of Rajshahi, should not be declared to have been made without lawful authority and is of no legal effect. 2. It is stated in the petition that while the petitioner was performing his functions as the Chairman of the Department of Library and Information Science in the Un......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......Abdus Salam (Md) ......................Petitioner Vs. University of Rajshahi & others……………..Respondents Judgment January 7, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Kamruzzaman, Advocate- For the Petitioner. Abdus Samad Kamal, Assistant ..Category: Employment/Service Law | Date: | Hits: 60
Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)
....he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......Annexure - A to this petition) should not be declared to have been made without any lawful authority and is of no legal effect and why the respondent No. 1 should not be directed to take proper steps for cancellation of the registration of the respondent No. 2 Union under section 10(1) and (2) of th......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......Ltd.................................Petitioner Vs. Registrar of Trade Unions & another ……...... Respondents Judgment February 24, 2003. Result: The Rule is made absolute. Lawyers Involved: Rafique‑ul-Huq with Khalilur Rahman with Zubayer Rahman Chowdhury and Muhamma..Category: Labour and Industrial Law | Date: | Hits: 158
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
.... 11 of 1947. Meanwhile, some departmental action was taken and the accused appellant was put under suspension. The accused appellant from the very beginning was absconding and in spite of issuance of Proclamation and Attachment and Warrant of Arrest his attendance could not be secured in Court and u...... Sessions Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprisonment f......ved a Memo dated 19.10.83 with a paper cutting from the 'Daily Dabanal' dated 27.9.83 publishing the news of misappropriation of Government fund by the Head Master of the said primary school from the Martial Law Authority, Bogra. 3. The case was then enquired into by an Assistant Inspector of DAB......s. Crown, 7 DLR (FC) 1; Mobarak Hossain Vs. State, 33 DLR 274; Barkat Ali alias Gharibu and others Vs. Crown, 1969 (SCMR) 448; Muhammad Ismail and others Vs. State and another, 1970 PLD (Kar) 261. Lawyers Involved: Muhammad Ayenuddin, Advocate ‑ For the Appellant. Abdus Salam Mamun, Assis..Category: Criminal Law | Date: | Hits: 92
Afzal Hossain Vs. Chief Election Commissioner and others, 1992, 21 CLC (HCD)
.... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......1 and 2 namely Justice MA Rouf, Chief Election Commissioner and Justice Syed Misbahuddin Hossain, Election Commissioner to include the name of the respondent No.8 allowing him to contest the election for the post of Chairman of No.1 Rajiher Union Parishad, setting aside the order of Thana Nirbahi Of...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ....... Result: The petition is rejected. Cases Referred to- Sheikh Abdus Sabur Vs. Returning Officer, 41 DLR (AD) 30; Mehinder Singh Gill Vs. Chief Election Commissioner, AIR 1978 (SC) 851. Lawyers Involved: NH Khandkar with KMS Hasan, Advocates - For the Petitioner. Writ Petition No..Category: Election Law | Date: | Hits: 153
Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......f Defence, Government of the People's Republic of Bangladesh and other respondents, to show cause as to why they should not be directed to pay the pension benefits of the petitioner with compensation for the delay. 2. The Case of the Petitioner: It is stated in the petition that the petitioner jo......he only exception is an order of a court or tribunal established under any law relating to the defence services, such as the Bangladesh Army Act, 1952. The impugned order is not an order of any Court Martial or of any tribunal of this nature. This being the position the application in question is qu......etired) Vs. Government of Bangladesh, 47 DLR (AD) 1; Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh, 4 BLC (AD) 257; Union of India Vs. Harjeet Singh Sandhu, AIR 2001 SC 1772. Lawyers Involved: AFM Mesbahuddin, Advocate with Khandker Difiruzzaman, Advocate-For the Petition..Category: Employment/Service Law | Date: | Hits: 148
State Vs. Abdul Hatem, 2003, 32 CLC (HCD)
....Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......ari Guchhagram under Police Station Sarishabari District‑Jamalpur, Hatem had been marked as the author of stabbing. 2. Following murder of Rahima Khatun law was set in motion on laying a First Information Report with Sarishabari Police Station by Abul Kalam, uncle of deceased Rahima Khatun as i......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ......risoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred to- Noor Jahan Begum Vs. State, 42 DLR (AD) 130; Al Amin and others Vs. State, 51 DLR 154. Lawyers Involved: Md. Helaluddin Mollah, Deputy Attorney ‑ General with Md. Firoz Shah, Assista..Category: Criminal Law | Date: | Hits: 75
Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)
....ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427....... section 96 of the State Acquisition and Tenancy Act, should not be set aside and/or pass such other or further order or orders as to this Court many deem fit and proper. 2. Short facts, necessary for the purpose of the Rule is that the opposite Party Nos. 1‑4 as pre-emptors instituted Miscel......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......ers………………………………Opposite Parties Judgment May 20, 2003. Result: The Rule is made absolute. Case Referred to- Aziz Ahmed Khan Vs. IA Patel, AIR 1974 (AP) 1. Lawyers Involved: Md. Khurshid Alam Khan with Sarwat‑Binte‑lslam, Advocates ‑ For the Petit..Category: Property Law | Date: | Hits: 98
Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)
.... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......side and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. The present opposite party No. 1 as petitioner filed Election Tribunal Case No.5 of 1998 before the Election Tribunal Sadar, Brahmanbaria for declaration that the election of the present pe...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......n, appellant Vs. Ahsan Ali Mondal, Provincial Election Authority, Dhaka. Election (Additional Deputy Commissioner), Jessore, 20 DLR (SC) 336; Ahsanur Rahman Vs. Akkel Molla and others, 47 DLR 274. Lawyers Involved: Fazlul Karim with Mir Hashmat with Razbabul Kabir and Khandakar Aminul Huq, Adv..Category: Election Law | Date: | Hits: 156
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