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MA Bari and others Vs. Uttara Sarkari Officers Quarter Kallayan Samity and others, 2003, 32 CLC (HCD)

....ners. Shamsuddin Babul with Kanai Lal Saha, Advocates‑For the Respondents. Review Petition No. 43 of 2001. Judgment Md. Joynul Abedin J.-This Rule seeks to review the judgment and order dated 25‑7‑2001 passed in Writ Petition No. 3962 of 1998 whereby the respondents, the Ministry o......al Welfare and other government functionaries connected with the registration of the Samity. Consequently, no Rule was issued on the respondents Nos. 6 and 7 in the said writ petition. As a result no notice of the Rule was served on the respondent Nos. 6 and 7 to the said writ petition Said responde......2; Prabodh Verma Vs. State of Uttar Pradesh, AIR 1985 SC 167; (1984) 4 SCC 251; Md. Mojibur Rahman Mia Vs. Jamini Mosahar and others, 7 DLR 82. Lawyers Involved: Abdul Wadud Bhuiyan with SRM Lutfor Rahman, Advocates‑For the Petitioners. Shamsuddin Babul with Kanai Lal Saha, Advocates‑Fo..

Category: Others | Date: | Hits: 119

Agrani Bank Vs. MA Kahhar, 2002, 31 CLC (HCD)

....pellant. Not represented-  the Respondent. Appeal from Original Decree No. 644 of 1991. Judgment AHM Shamsuddin Choudhury J.-This First Appeal is directed against the judgment and decree dated 6‑3‑1990 passed by the learned Subordinate Judge, 1st Court, Mymensingh, in Money Suit No.......976. The defendant guaranteed the loan by binding himself to repay the same with interest in the event of the borrower's default to do so. The borrower having gone into oblivion, the plaintiff served notice upon the defendant urging him to honour his guarantee by paying the amount, which, being mult......ce is this appeal by the plaintiff. 2. The plaintiff, a schedule bank, brought the instant civil action by impleading one MA Kahhar as the lone defendant, who is, indeed, the absentee respondent before us. Although the suit was partially decreed against him, he did not lodge any appeal. Nor did a..

Category: Banking Law | Date: | Hits: 215

Alam Kabiraj and others Vs. State, 2003, 32 CLC (HCD)

....Dora, Assistant Attorneys‑General‑for the State. Criminal Appeal No. 697 of 1995. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 27‑3‑1995 by Additional Sessions Judge, First Court, Barisal in Sessions Case 61 of 93 ari......ur were not examined. 32. We have found as above that PWs 1, 2, 3, 6 did not state that injured Saha Alam and Jahirul Hoque (PW 14) said anything to them as to who were their assailants. 33. We noticed earlier that except PW 14 none claimed to be eye‑witness to the occurrence. We shall after...... State Vs. Sarowaruddin, 5 BLC 451; State Vs. Md. Ali Kibria @ Shahjahan, 43 DLR 512; Nil Raton Biswas Vs. State, 3 BLC 35. Lawyers Involved: Rafiqur Rahman with Serajur Rahman, Advocates- ­for the Appellants. ABM Waliur Rahman Khan with Shamima Ara Dora, Assistant Attorneys‑General..

Category: Criminal Law | Date: | Hits: 42

Advocate Zulhas Uddin Ahmed and others Vs. Bangladesh and others, 2009, 38 CLC (HCD)

....nciples of State Policy of the Constitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put......চা ব্যতিরেকে এ্যাব্লিউট করা হইলো। সমাপ্ত। This Case is also Reported in: 15 MLR (HCD) 2010, 433; 15 BLC (HCD) (2010) 351. ......onstitution and/or pass such other or further order or order as to this Court may seem fit and proper. The Rule Nisi is made returnable within 2 (two) weeks from date. The matter is fixed for hearing on 9.3.2009 Spirit of the law Requisites to be put in at once.” ৪. ৪ ন..

Category: Health Law | Date: | Hits: 391

Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)

....the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 which arose out of Writ Petition No. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 ..

Category: Others | Date: | Hits: 118

Bangladesh House Building Finance Corporation Vs. Md. Abdul Hoque, 2002, 31 CLC (HCD)

....Sheikh Rezowan J.- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon the opposite party to show cause as to why the impugned order dated 4‑2‑2002 passed by the learned Joint District Judge, Artha Rin Adalat and Sub Judge, Jesso...... of the Money Execution Case No. 88 of 1996. Communicate the order to the learned Joint District Judge, Artha Rin Adalat, Jessore at once. Ed. This Case is also Reported in: 55 DLR (2003) 270.......at and Sub Judge, Jessore in Money Execution Case No. 88 of 1996 should not be set aside and/or such other or further order or orders passed as to this Court seem fit and proper. 2. Facts relevant for the purpose of disposal of this Rule, in short, are that the petitioner instituted Miscellaneous..

Category: Property Law | Date: | Hits: 91

Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)

....ellaneous Appeal No. 152 of 2001 with Civil Rule No. 250(FM) of 2001. Judgment NK Chakravartty J.-This appeal at the instance of plaintiff‑appellant is directed against the judgment and order dated 23‑3‑2001 passed by Subordinate Judge, (Arbitration) Court, Dhaka in Arbitration Case No. ......ditions aforesaid shall be entitled to remain and continue in possession of the land. 4. It is to be noted that according to the terms and compromise the CS plot No. 692 was de-requisitioned and a notice of de-requisition was issued on 7-9-1960 and at the same time CS plot No. 636, JL No. 251, Mo......rises are that, the appellants are the heirs late Alhaj Md. Noor Hossain, who was the owner of CS Plot No. 692, JL No. 251 of Mouza Dhanmondi, Dhaka. The Deputy Commissioner, Dhaka requisitioned the aforesaid Plot No. 692 in 1958 for public namely, for establishment of a 'Hawkers Market' and directe..

Category: Property Law | Date: | Hits: 95

Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)

....ed by the learned Additional District Magistrate is bad in law and fact. He further submits that the learned District Magistrate committed an error of law in acquitting the accused respondents on the date fixed for appearance of the accused without being verified as to whether the complainant was no......er section 247(2) of the CrPC since both the parties were absent without any step. In this context it may be stated here that there is nothing on record to show that the complainant ever received any notice about the date fixed by the learned Additional District Magistrate. On the other hand it appe...... Not represented — the Respondents. Criminal Appeal No. 22 of 1984. Judgment Md Hassan Ameen J. - This Criminal appeal is at the instance of the complainant appellant Nabiran Bibi praying for setting aside the order of acquittal of the accused respondent passed under section 247(2) of th..

Category: Criminal Law | Date: | Hits: 44

Mazharul Huq Quraishi and others Vs. Hari Chandrs Hrishi and another, 2000, 29 CLC (HCD)

....n stated in the petition of complaint present petitioners as accused No.1-3 with accused No.4 came on 3-1-93 to the house of complainant and took from him (complainant) 3 deeds including deed No.3341 dated 7-8-1976 with the assurance and promise to return the same within 7 days after scrutiny and pe...... to conclude the trial as early as possible preferably within 3 months from the date of receipt of the judgment. Copy be sent down at once. Ed. This Case is also Reported in: 52 DLR (2000) 392. ......on to show cause as to why the proceeding of Petition Case No. 25 of 1993 under section 420/406 Code pending in the Court of Magistrate, 1st Class, Dhaka should not be quashed. 2. Learned Advocate for the accused petitioners submits that according to allegation stated in the petition of complaint..

Category: Criminal Law | Date: | Hits: 42

Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)

....ot call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series to the affidavit we find that those are mostly copies of inquiry. Annexure-X (1) is a letter dated 30-8-98 sent by respondent No.1 to the petitioner No.1 for handing over charge. 7. The peti......pointment. They also received salaries up to April, 1998 and allowances including the portion of Government assistance. Their salaries and allowances were suddenly stopped since May, 1998 without any notice. Though their monthly pay orders were sent to the Madrasha but were not signed deliberately b......the affidavit that stopping of the salaries and allowances is the internal affairs of the local authorities and the said local authorities exercised their discretion judicially and that does not call for any interference by this Court. 6. In view of the papers annexed as Annexure-‘X’ series t..

Category: Employment/Service Law | Date: | Hits: 84

Omar Ali Sheikh Vs. Shamsul Alam Mridha and others, 2002, 31 CLC (HCD)

.... Petitioner. Muhammad Samsul Hoque, Advocate‑For the Opposite Parties. Civil Revision No. 3089 of 1998. Judgment Hasan Foez Siddique J.- Rule is directed against the judgment and decree dated 16‑6‑1998 passed by the learned Subordinate Judge, First Court, Shariatpur in Title Appeal...... the Rule is discharged without any order as to cost. The order of stay granted at the time of the issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 257. ......in Title Appeal No. 95 of 1997 affirming the Judgment and decree dated 4‑11‑1997 passed by the learned senior Assistant Judge, Naria, Shariatpur in Title Suit No. 2 of 1995. 2. Relevant facts, for the disposal of this in short, are that the opposite party Nos. 1 to 3 as plaintiff instituted t..

Category: Property Law | Date: | Hits: 84

Habibur Rahman Mollah (Ex-Member of Parliament, Dhaka-4) Vs. State, 2009, 38 CLC (AD)

.... Khorshed Alam Khan, Advocate instruct­ed by Md. Zahirul Islam, Advocate-on-Record-For added respondent No. 2. Criminal Petition for Leave to Appeal No.11 of 2009. (From the judgment and order dated the 20th day of November, 2008 passed by the High Court Division in Criminal Miscellaneous Cas......nti-Corruption Commission lodged an F.I.R. with Ramna Model Police Station alleging, inter alia, that the accused petitioner, Habibur Rahman Mollah, Ex-member of Parliament, having been served with a notice under Memo No. Dudak/103-2007(Anu-2)/3152 dated 29.05.2007 sub­mitted a statement of his ass......d by Md. Zahirul Islam, Advocate-on-Record- For Respondent No.1. Khorshed Alam Khan, Advocate instruct­ed by Md. Zahirul Islam, Advocate-on-Record-For added respondent No. 2. Criminal Petition for Leave to Appeal No.11 of 2009. (From the judgment and order dated the 20th day of November, 2..

Category: Anti-Corruption Laws | Date: | Hits: 120

Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)

....tructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No.179 of 2009. (From the judgment and order dated 25.03.2009 passed by the High Court Division in Criminal Miscellaneous Case No.6908 of 2008) ......of his outstanding dues and thereafter the petitioner, on the same day, presented the said cheque in his bank but the same returned dishonoured on the ground of insufficient fund and he then by legal notice dated 24.04.2007 requested the respondent No.1 for repayment of the said amount and though th...... Lawyers Involved: Munsorul Haque Chowdhury, Senior Advocate, instructed by Bivash Chandra Biswas, Advocate-on-Record-For the petitioner. Not represented-the Respondents. Criminal Petition for Leave to Appeal No.179 of 2009. (From the judgment and order dated 25.03.2009 passed by the H..

Category: Criminal Law | Date: | Hits: 39

State Vs. A.K.M. Rafiqul Islam, 2010, 39 CLC (AD)

....he Petitioner. Anisul Huq, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 408 of 2009. (From the judgment and order dated the 29th day of October, 2009 passed by the High Court Division in Criminal Miscellaneous Case......aper books is dis­pensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 55.......ey General, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Petitioner. Anisul Huq, Advocate instructed by Md. Abu Siddique, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 408 of 2009. (From the judgment and order dated the 29th day of October, ..

Category: Criminal Law | Date: | Hits: 42

Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)

....cate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No....... by the accused for obtaining clearance. The learned Counsel finally submitted that all SRO's and documents relating to clearing of imported goods at Sona Masjid, pursuant to provision of customs Act notices as point of law was duly produced in the High Court Division by supplementary affidavit but ......11, 2010. Lawyers Involved: Md. Abdur Razaque Khan, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Criminal Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated the 2nd day of June, 2009..

Category: Criminal Law | Date: | Hits: 55

Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)

....oner. M. Waliul Islam, Advocate-on-Record-For Respondent No.1. Not rep­resented-For Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 2303 of 2009. (From the judgment and order dated 15.3.2009 passed by the High Court Division in Writ Petition No.10310 of 2007.) Order Su......sed the writ petition and other materials on record. The learned Counsel appearing for the petitioner con­tended that the High Court Division erred in law in making the rule absolute in fail­ing to notice that the writ petition itself is not maintainable, inasmuch as, there is no scope to decide w...... instructed by Md. Taufique Hossain, Advocate-on-Record-For the Petitioner. M. Waliul Islam, Advocate-on-Record-For Respondent No.1. Not rep­resented-For Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 2303 of 2009. (From the judgment and order dated 15.3.2009 passed by the ..

Category: Employment/Service Law | Date: | Hits: 87

District Registrar, Manikgonj Vs. Md. Shariful Islam and others, 2009, 38 CLC (AD)

.... Lawyers Involved: Mazibar Rahman, Advocate-on-Record-For the petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated 02.03.2008 passed by the High Court Division in Civil Revision No. 2176 of 1997). Order ......and Assistant Secretary of the Ministry of Law, Justice and Parliamentary Affairs, alleging that the plaintiff became unsuccessful in the Alim examination held in the year 1989 whereupon a show cause notice was issued upon the plaintiff and he in his reply admitted that he became unsuc­cessful in A......…….............Respondents Judgment November 15, 2009. Lawyers Involved: Mazibar Rahman, Advocate-on-Record-For the petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 253 of 2009. (From the judgment and order dated 02.03.2008 passed by the ..

Category: Civil Law | Date: | Hits: 106

Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)

....instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 2009 passed by the High Court Division in Civil Revision No.4529 of 200......bove, we find no sub­stance in the submissions of the learned Advocate for the petitioners. Accordingly, the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 16. ...... January 12, 2010. Lawyers Involved: Md. Nurul Amin, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Civil Petition for Leave to Appeal No.1409 of 2009. (From the judgment and order dated the 13th day of April, 20..

Category: Property Law | Date: | Hits: 84

Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)

.... Petition No. 1016 of 2007) Not represented-the Respondent. (In Civil Petition Nos. 1017-1025 of 2007) Civil Petition for Leave to Appeal Nos. 1016-1025 of 2007. (From the judgment and order dated 5.4.2007 passed by the High Court Division in Writ Petition Nos.1492, 1493, 1494, 1495, 1496, ......of paper book is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till hearing of the appeals. Ed. This Case is also Reported in: VIII ADC (2011) 14. ......s) Syed Mahbubur Rahman, Advocate-on-Record-For the Respondent. (In Civil Petition No. 1016 of 2007) Not represented-the Respondent. (In Civil Petition Nos. 1017-1025 of 2007) Civil Petition for Leave to Appeal Nos. 1016-1025 of 2007. (From the judgment and order dated 5.4.2007 passed by..

Category: Fiscal/Taxation Law | Date: | Hits: 92

Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)

....cted by Musfiqur Rahman Khan, Advocate-On-Record-For the Respondent No. 3 Not Represented-the Respondent No. 4. Civil Petition for Leave to Appeal No.10 of 2011. (From the judgment and order dated 29.09.2010 passed by the High Court Division in Writ Petition No.6286 of 2010) Judgment ......ing, inter alia, that various incidents of offence alleged to have been committed by the petitioner and the accused No.1 under the Ain of 2009 during the period from 01.01.2003 to 31.05.2007. We have noticed that the details of the allegations of the offence of money laundering have been elaborately......aque, Senior Advocate with Md. Khurshid Alam Khan, Advocate, instructed by Musfiqur Rahman Khan, Advocate-On-Record-For the Respondent No. 3 Not Represented-the Respondent No. 4. Civil Petition for Leave to Appeal No.10 of 2011. (From the judgment and order dated 29.09.2010 passed by the Hi..

Category: Civil Law | Date: | Hits: 174