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State Vs. Anwar Hossain and others, 2008, 37 CLC (HCD)

....sur Rahman Vs. State, 1986 BLD (AD) 79 = 1986 BCR (AD) 157; Billat Vs. State, 52 DLR (AD) 143; Shamsuddin Vs. State, 11 DLR (SC) 355; State Vs. Khasru @ Syed Mostafa Hossain, 43 DLR (AD) 182; Bangladesh (State) Vs. Paran Chandra Baroi, 2 BCR 292 = 1986 BCR (AD) 225; 1985 BLD 302; 7 BLT (AD) 33 ...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ......bsconding accused (3) Abu Bakar, (4) Bipul, (5) Miru, (6) Babul and (7) Titu convicting them under sections 302/34 of the Penal Code in Druta Bichar Tribunal Case No. 34 of 2004 by the judgment and order dated 13-2-2005. In addition to the sentence of death those convicts were also sentenced t...... sentenced to imprisonment for life. The jail appeals are accordingly, disposed of. Send down the lower Court's records at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 1. ..

Category: Criminal Law | Date: | Hits: 67

Aroj Ali Sarder Vs. State, 1989, 18 CLC (HCD)

.... Hoque Chowdhury J.- This Rule arises out of an application under sec­tion 439 of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Madaripur dated 25.6.86 dis­missing the Criminal appeal No.33 of 1986 by up­holding those passed by...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306.......ision No. 308 of 1986. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application under sec­tion 439 of the Code of Criminal Procedure and is directed against the judgment and order passed by the learned Sessions Judge, Madaripur dated 25.6.86 dis­missing the Criminal appeal...... accused acquitted. The fine already paid by the accused petitioners need be re­funded to them. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 306...

Category: Criminal Law | Date: | Hits: 76

Nur Mohammed alias Bog Master Vs. State, 1988, 17 CLC (HCD)

....as Bog Master…………………………………Accused Petitioner Vs. The State……………………………Opposite Party Judgment December 15, 1988. Result: The Rule is made absolute. Cases Referred to- Mazulla Vs. The State, PLD 1961 (Pesh) 7; Mrs. C.M. Samsul ......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ......an Ahmed, Deputy Attorney General with Md. Shahjahan - For the State. Criminal Revision No.99 of 1983. Judgment Habibur Rahman Khan J.- This revisional application has been filed against the order of conviction and sentence passed against the accused petitioner under section 377 of the Pena......tion and sentence passed against the accused-petitioner is set aside. Let the accused-petitioner be discharged from his bail-bond. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 301. ..

Category: Criminal Law | Date: | Hits: 92

Chairman, Bangladesh Forest Industries Development Corporation (BFIDC) and another Vs. Md. Hatem Ali and others, 2011, 40 CLC (AD)

.... This Case is also Reported in: 9 ADC (2012) 169. ......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ......te-on-Record- For the Appellants. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-3. Civil Appeal No. 223 of 2007. (From the judgment and order dated 06.02.2006 passed by the High Court Division in Writ Petition No.5599 of 2004). Judgm......y ground to interfere with the decision of the High Court Division. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 9 ADC (2012) 169. ..

Category: Employment/Service Law | Date: | Hits: 739

Government of Bangladesh and others Vs. Dhaka Match Industries Co. Ltd. and others, 2011, 40 CLC (AD)

.... ......4 and 5 to take control of the factories situated at Kadamtali, Shyampur Dhaka and Rupsha, Khulna owned by writ petitioner No.1-company. 3. The High Court Division issued a Rule Nisi and passed an interim order directing the writ-respondents to maintain status-quo in respect of properties both mo......Petitioners. Anisul Huq, Senior Advocate, instructed by Md. Zahirul Islam, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 996 of 2011. (From the judgment and order dated 28.04.2011 passed by the High Court Division in Writ Petition No.2676 of 2011). Judgm......he Rule. Accordingly, we find no substance in this petition, which is accordingly dismissed with the observations made in the body of the judgment. Ed. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 131

Engineer A. B. Siddique Vs. Kazi Akramuddin and others, 2011, 40 CLC (AD)

....eported in: 9 ADC (2012) 279.......Hm-22/2000/692 dated 4.12.2004 cancelled the allotment of the writ-petitioner. Challenging the said order of cancellation, the writ-petitioner filed the writ petition in which he obtained Rule and an interim order staying operation of the above mentioned letter. The allotment of the writ-petitioner ......tructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 1193 of 2011. (From the judgment and order dated 03.10.2010 passed by the High Court Division in Writ Petition No.6864 of 2004). Order......paration of paper book is dispensed with as prayed for. The order of status quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: 9 ADC (2012) 279...

Category: Property Law | Date: | Hits: 79

Government of the People’s Republic of Bangladesh and another Vs. Md. Shahjahan and others, 2012, 41 CLC (AD)

....Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahab Miah J  Nazmun Ara Sultana J  Syed Mahmud Hossain J  Md. Shamsul Huda J  Government of the People’s Republic of Bangladesh and another.........Appellants Vs. Md. Shahjahan and others………………………â€......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ...... Rokunuddin Mahmud, Senior Advocate (with Mahbub Ali, Advocate), instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Appeal No.59 of 2011. (From the judgment and order dated 23.11.2009 passed by the High Court Division in Writ Petition No.7625 of 2009.) Judgm......found that the facts are quite distinguishable from the facts of those cases. This appeal is disposed of with the above observations. Ed. This Case is also Reported in:  18 MLR (AD) (2013) 1. ..

Category: Others | Date: | Hits: 138

Mampower Ltd. Vs. Artha Rin Adalat No.2, Dhaka and another, 2011, 40 CLC (AD)

....is also Reported in: ......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ....... Yusuf Hossain Humayun, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record- For the Respondents. Civil Petition for Leave to Appeal No.682 of 2011. (From the judgment and order dated 17.1.2011 passed by the High Court Division in Writ Petition No.6477 of 2010.) Judgme......tions made by the High Court Division could not be sustained and accordingly they are expunged. The petition is disposed of with the above observations. Ed. This Case is also Reported in: ..

Category: Procedural Law | Date: | Hits: 112

Chief Engineer, the Local Government and Engineering Department Vs. Sanjoy Kumar Halder and others, 2011, 40 CLC (AD)

.... ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ......117-120 (In Civil Petition No.1084 of 2011) Not represented-Respondent Nos.13-18 (In Civil Petition No.1085 of 2011) Civil Petition for Leave to Appeal No.767 of 2011. (From the judgment and order dated 18.08.2010 passed by the High Court Division in Writ Petition No.5667 of 2008.) With ......g been made on proper appreciation of laws and facts do not call for interference. Accordingly, all the leave-petitions are dismissed. Ed. This Case is also Reported in: 9 ADC (2012) 174. ..

Category: Others | Date: | Hits: 172

Ali Hossain Fakir (Md.) and 5 others Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others, 1997, 26 CLC (HCD)

....diction) Present: Mainur Reza Chowdhury J MM Ruhul Amin J Ali Hossain Fakir (Md.) and 5 others………………………Petitioner Vs. Government of the People’s Republic of Bangladesh through the Secretary, Ministry of Home Affairs, Bangladesh Secretariat, Dhaka and others…â€......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ......p; 4134 of 1997. Judgment Mainur Reza Chowdhury J.- These applications under Article 102 of the Constitution of the People’s Republic of Bangladesh by the petitioners are directed against the order contained in Memo No. Swa: Ma/Pv-1 Bibidha-7/96/279, Memo No. Swa: Ma/Pv.1 Bibidha-7/96/280, M......olation of the principle of natural justice before the Administrative Tribunal. The applications therefore are summarily rejected. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 231. ..

Category: Employment/Service Law | Date: | Hits: 91

Khairul Bashar (Md.) and 8 others Vs. Collector of Customs and others, 1997, 26 CLC (HCD)

....ct of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ......ing at the time of opening of the letters of credit on the basis of SROs published before the date of opening of the letters of credit has been adversely affected. Since under the impugned assessment orders customs duties have been charged on the basis of SROs issued subsequent to the date of openin......ty to encash the bank guarantee in full in respect of the discharged Rules and in part in respect of the Rules made absolute in part. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 225. ..

Category: Fiscal/Taxation Law | Date: | Hits: 134

Kamal Miah (Md.) alias Nasim Vs. State and another, 1998, 27 CLC (HCD)

....ul Haque J Kamal Miah (Md.) alias Nasim………………….Petitioner Vs. State and another……………………Opposite Parties Judgment March 4, 1998. Result: The Rule is made absolute. Case Referred To- Kveeranna Vs. NS Mastan, AIR 1960 Andhra Pradesh 311. Lawy......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ......e home, the local chowkider told him that his appeal was dismissed and warrant of arrest was issued then he went to the Court and came to learn that his appeal was dismissed for non-compliance of the order of the Court. The learned Advocate has also submitted that as the Court exempted the petitione......inion that the delay in this case in filing the revisional application may be condoned. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 224. ..

Category: Criminal Law | Date: | Hits: 63

Sentu Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

...........ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220.......ney‑General‑ For the Respondents. Writ Petition No.2243 of 1997. Judgment Mahfuzur Rahman J.- This Rule Nisi was issued calling upon respondents to show cause as to why the judgment and order passed by Special Tribunal No.5 and Additional Sessions Judge, Court No.4, Dhaka on 4‑5‑13......ful authority and is of no legal effect. The petitioner be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 220...

Category: Criminal Law | Date: | Hits: 63

Dr. Professor MA Hadi Vs. Bangladesh and others, 1997, 26 CLC (HCD)

.... the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ...... Chaklader, Advocate - For Respondent Nos. 2 and 3. Writ Petition No.3471 of 1996. Judgment KM Hasan J.- This Rule Nisi was issued calling upon the respondents to show cause why the impugned order as contained in Annexure-C should not be declared to have been made without lawful authority a......e the writ petition is discharged on the ground of maintainability we do not think it is necessary to go into the merits of the case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 218. ..

Category: Employment/Service Law | Date: | Hits: 120

Raquibuddin Ahmed Vs. SAM Iqbal and another, 1997, 26 CLC (HCD)

....Hassan Ameen J Raquibuddin Ahmed.......................Petitioner Vs. SAM Iqbal and another...........................Opposite Party Judgment August 6, 1997. Result: The Rule is made absolute. Lawyers Involved: Mainul Hosein with Rokanuddin Mahmud, Mubina Asf Rahman and H......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209.......he Petitioner. Khandaker Mahbubuddin Ahmed with SM Moonir, Advocates - For the Contemner-Opposite Parties. Civil Rule No.130 (R) of 1994 (Contempt). Judgment Md. Mozammel Hoque J.- As per order of this Court dated 29-7-97 the contemner-opposite party No.1 is present in Court in person. ......the Chief Metropolitan Magistrate, Dhaka, and the Officer-in-Charge, Ramna Police Station, Dhaka, for information and necessary action. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 209...

Category: Others | Date: | Hits: 142

Kafiluddin (Md.) Vs. Sukkur Ali Mia, 1996, 25 CLC (HCD)

....al Court. The learned judge of the executing Court after having considered the objection filed by the present petitioner not to execute the decree by delivery of possession rejected the application leading to issuance of the present Rule. 3. It is settled law that the executing Court cannot go be...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ......er. Not Represented - For the Opposite Party. Civil Revision No. 430 of 1992. Judgment AM Mahmudur Rahman J.- In this Rule simple question calls for determination as to why the impugned order dated 7-1-92 passed by the learned Senior Assistant Judge, Narsingdi is valid in law or otherw...... do not find any ground to interfere with the impugned order. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 208. ..

Category: Civil Law | Date: | Hits: 86

Rieta Rahman Vs. Bangladesh, represented by the Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....LR (HCD) (1998) 201.......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201.......ic incident of the 15th August, 1975, he became shocked and worried and left the training school in Ahmed Nagar, India, with the consent of the Commandant and returned to Bangladesh through Benapole Border on 20th August, 1975 and as per the Army Rules and Regulations be reported to 55 Brigade Head ......release the detenu forthwith if not wanted in connection with any other case. Let an advance order of release be issued immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 201...

Category: Criminal Law | Date: | Hits: 76

Bashir Kha Vs. State, 1998, 27 CLC (HCD)

....isional Jurisdiction) Present: Md. Hamidul Haque J Bashir Kha……………….Petitioner Vs. State…………..Respondent Judgment March 9, 1998. Result: The Rule is made absolute. Lawyers Involved: Not Represented - For the Petitioner. Md. Mustafa, Assistan......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199.......torney-General - For the State. Civil Revision No.3141 of 1991 (Dhaka) Civil Revision No.76 of 1985 (Sylhet) Judgment Md. Hamidul Haque J.- This Rule is directed against the judgment and order passed by the learned Session Judge, Sylhet in Criminal Appeal No.16(II)85 affirming the judgm......et aside. The petitioner is acquitted of the charge and also discharged from his bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 199...

Category: Criminal Law | Date: | Hits: 58

Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong Vs. Khadiza Khatun and others, 1998, 27 CLC (HCD)

....n (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Iftikhar Rasool J Chairman, Chittagong Port Authority Bandar Bhaban, Chittagong...................Petitioner Vs. Khadiza Khatun and others.......................Respondents Judgment February 18, 1998. Resu......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ......For the Respondent No.1. Writ Petition No.189 of 1992. Judgment Md. Ruhul Amin J.- This Rule has been obtained by the petitioner Chairman, Chittagong Port Authority, against the judgment and order dated 18-6-1991 passed by the Additional District Magistrate, Chittagong as an appellate autho......d by the Authorised Officer in CR Case No.5 of 1990 is declared to have been made without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 195. ..

Category: Property Law | Date: | Hits: 103

Habibur Rahman alias Md. Habibur Rahman and another Vs. Mobarak Ali Rari and others, 1997, 26 CLC (HCD)

....tate Acquisition and Tenancy Act, 1950 (Act No. XXVII of 1951); section 96 The period of ignorance as to the sale of a land sought to be pre-empted can not extend to 12 years when the pre-emptee had been cultivating the land within the sight of the pre-emptor for over a decade. [Anil Kumar and o......on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ...... For the Petitioners. Md. Khurshid Alam Khan, Advocate - For the Opposite Parties. Civil Revision No.686 of 1992. Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and order dated 6-2-1992 passed by the learned Subordinate Judge, 2nd Court, Patuakhali in Miscellaneous......on case fails and the Rule is discharged without any order as to costs. Send down the LC records, at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 55; 50 DLR (HCD) (1998) 193. ..

Category: Property Law | Date: | Hits: 78