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Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
.... No. 792 of 1990. Judgment Habibur Rahman Khan J.- This is an applicaÂtion under section 561A of the Code of Criminal Procedure wherein at the instance of the accused petitioner Mir Amir Ali a Rule was issued by this Court on 2nd April, 1990 calling upon the Deputy Commissioner, Gaibandha, to......indaganj, District Gaibandha so far it relates to the petitioner is hereby quashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....d AKM Asaduzzaman, Advocates ‑ For the Appellant SB Barua, Advocate ‑ For the State. Criminal Appeal No.1299 of 1991 with Criminal Revision No. 3521 (R) of 1991 and Suo Motu Rule No. 329 (R) of 1993. Judgment Kazi Ebadul Hoque J.- This appeal at the instance of the co......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....exure‑B to the supplementary affidavit). 12. In this view of the matter, we hold that the detention of the said detenu is unauthorised being based on no proper grounds. 13. In the result, the Rule is made absolute. The detention of the detenu Mohammad Nuruzzaman Alias Munna is declared to be......the supplementary affidavit). 12. In this view of the matter, we hold that the detention of the said detenu is unauthorised being based on no proper grounds. 13. In the result, the Rule is made absolute. The detention of the detenu Mohammad Nuruzzaman Alias Munna is declared to be without any ..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....Afzalur Rahman, Advocate ‑ For Petitioners. QA Hossain, Assistant Attorney‑General ‑ For Respondent Nos. 1-4. Writ Petition No. 453 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show caus......eraÂtion of the Government necessity for the development of Chalna Anchorage the plaintiff should locate the suit land in favour of the appellant. If the Government defendant thinks that the land is absolutely necessary for the proposed development, they can no doubt have it not by applying force b..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....ery said day but he failed to file any application for review of the order dated 23rd January. 1994 within the prescribed time of 3(three) months under the Government Servants (Discipline and Appeal) Rules, 1985 and consequently, thereupon the case of the respondent was barred under Section 4(2) of ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. Â ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
.... Salauddin Ahmed, Advocate ‑ For the Petitioners. Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.527 of 1986. Judgment A M Mahmudur Rahman J.- The petitioners by this Rule Nisi issued under Article 102 of the Constitution ask us to declare that the judgment and order......g no such circumstances and events as contemplated in section 2(1) and section 6 of the Act the notice of lay‑off dated January 10, 1985 was illegally issued and the impugned judgment and order was absolutely unauthorised by law. W. Rashid also urges that as by the lay‑off notice the workmen wer..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....site‑Party No.1. Amirul Kabir Chowdhury, Deputy Attorney‑General ‑ For the State. Criminal Miscellaneous Case No.550 of 1992. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This Rule was issued calling upon the Deputy Commissioner, Dhaka and opposite party No.1 Mr. Harunar Rash......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....e land was fully utilized no order of acquisition of the same was finally made and as such the respondent was compelled to move an application (being WP No.1004 of 1980) and on the said application a Rule was issued and made absolute. Thereafter necessary notification was made by the authority and c...... no order of acquisition of the same was finally made and as such the respondent was compelled to move an application (being WP No.1004 of 1980) and on the said application a Rule was issued and made absolute. Thereafter necessary notification was made by the authority and compensation was assessed...Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
.... Raquibul Haque Miah, Advocates – For the Petitioner. Moudud Ahmed with Md. Azizul Huq- For the Respondent No. 4. Writ Petition No.102 of 1993. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of ......, ex parte Gilmore, reported in 1957 IQB at page 583 to the effect that the "expression "final" made the decision final on the facts and not final on the law." 13. In the result, this Rule is made absolute and we declare that the acceptance of the nomination paper of respondent No.4 namely, Abul ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
.... Involved: Abdul Hamid Chowdhury, Advocate ‑ For the Petitioner. AQM Safiullah, Advocate ‑ For the Respondent. Writ Petition No.396 of 1985. Judgment AM Mahmudur Rahman J.- By this Rule Nishi issued under Article 102 of our Constitution the respondents have been called upon to sho......xact form". We, accordingly, declare that the orders passed by the respondent Nos. 1 and 2 have been passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....on of the owner Belayet Hossain and were found in the godown by the Investigating Officer and to deposit the sale proceeds in the Courts account. 5. Mr. Mahfuzur Rahman appearing in support of the Rule contended that the learned Sessions Judge acted illegally in making the order directing the sal......ons stated above the order of the Sessions Judge is set aside so far as it relates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....e. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by this Court on 1.7.91 calling upon the Deputy Commissioner, Thakurgaon to show cau......a case in which trial is held in absentia and in respect of a person who has no opportunity to appear and face trial. In the present case, the learned Advocate submits that the accused petitioner was absolutely in dark about the criminal proceeding against him and also about the judgment and order o..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... Saifur Reza, Advocates‑For the Respondent No. 3 (In all the petitions). Writ Petition Nos. 554 of 1992, 661 of 1992, 1059 of 1992 and 1060 of 1992. Judgment Kazi Ebadul Hoque J.- In those Rules Deputy Commissioner, Dhaka and others have been asked to show cause as to why acquisition of p...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....990. Judgment Habibur Rahman Khan J.- On an application under section 491 of the Code of Criminal Procedure by Dr. Kazi Mozammel Hoque, father of the victim girl Kazi Rehana Akhter alias Lipi a Rule was issued by this Court on 28.11.90 calling upon the Deputy Commissioner, Noakhali District to......f kidnapping under section 363 of the Penal Code. However under Muslim Law, puberty of girl is presumed at age of 15 and on attaining that age she can validly enter into contract of marriage. Girl of absolutely mature looks and talk of her own volition contracting marriage with a person and abandoni..Category: Criminal Law | Date: | Hits: 80
Abu Hossain and others Vs. Registrar of Trade Union and others, 1992, 21 CLC (HCD)
....lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ......lict with the equality clause of the Constitution, we find no substance in this application. In the result the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 192. ..Category: Labour and Industrial Law | Date: | Hits: 204
Amanullah Zahangir Vs. State, 2009, 38 CLC (AD)
....offence under Sections 406/420/109 of the Penal Code on the ground of double jeopardy being the instant Criminal Miscellaneous Case No.2476 of 2008. 5. The accused-petitioner also obtained another Rule under Section 561A of the Code of Criminal Procedure where the legality of the proceedings unde......r such circumstance, we do not find any merit in the submissions made on behalf of the petitioner, as such, this petiÂtion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 253. ..Category: Criminal Law | Date: | Hits: 50
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ...... This petition for leave to appeal is directed against the judgment and order dated 19th March, 2009 of a Division Bench of the High Court Division in Criminal Revision No.269 of 2004 making the rule absolute. 2. Short facts leading to the filing of the leave petition is that the informant-respon..Category: Criminal Law | Date: | Hits: 81
Bangladesh Anjuman‑eÂ-Ahmadiyya Vs. Secretary, Ministry of Home Affairs, 1986, 15 CLC (HCD)
....esented by its Secretary, Umoor‑e-Ama…………………..Petitioner Vs. Secretary, Ministry of Home Affairs..................Respondent Judgment September 18, 1986. Result: The Rule fails. Lawyers Involved: ASM Wahidul Momin Chowdhury, Advocate ‑ For the Petitioner. ...... forfeiting the book. For the reasons stated above this Rule fails and it is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 185. ..Category: Constitutional Law | Date: | Hits: 204
Abdul Jalil Vs. Bangladesh Steel & EngineerÂing Corporation, 1989, 18 CLC (HCD)
....‘ For the Petitioner. Md. Khaliur Rahman and Abul Hossain, Advocates ‑For the Opposite Parties. Civil Revision No. 510 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This Rule at the instance of the plaintiff‑petitioner Abdul Jalil was issued calling upon the defendant......ation that the servant was wrongfully terminated by the master. On this ground the learned Subordinate Judge held that the suit is not maintainable in its present form. He further found that there is absolutely no substance in the argument of the learned advocate for the plaintiff that the plaintiff..Category: Employment/Service Law | Date: | Hits: 108
Hossainia Ashraful Ulum Madrassah Vs. Munsur Ahmed (Md.) and others, 1990, 19 CLC (HCD)
....nvolved: Abdus Salam Khan, Advocate ‑ For the Petitioner. Syed Badrul Alam, Advocate ‑ For the Opposite Party. Civil Revision No. 822 of 1985. Judgment AM Mahmudur Rahman J. - This Rule is directed against an order of dismissal of SCC Suit for eviction of the defendant. On the dat......r under section 25 of the Act on condition that the plaintiff is to pay cost of Tk. 102.00 to the defendant within a month before the suit is set forth for hearing. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991)..Category: Procedural Law | Date: | Hits: 104
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