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Abdul Mannan and others Vs. Kulada Ranjan Mowali and others, 1977, 6 CLC (AD)

.... (Civil) Present: Syed AB Mahmud Husain CJ Kemaluddin Hossain J Debesh Chandra Bhattacharya J Fazle Munim J Abdul Mannan and others………………….Appellants Vs. Kulada Ranjan Mowali and others…………………….Respondents Judgment June 3, 1977. Re......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195.......This appeal is against a judgment of a Bench of the High Court Division, discharging a Rule issued on an application made by the appellants under Section 115 of the Code of Civil Procedure against an order of the Subordinate Judge, Patuakhali, recording abatement of a suit, instituted by the appella......urt fees payable on the Memorandum of Appeal so treated within six months from the date of the arrival of the records in the High Court. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 195...

Category: Property Law | Date: | Hits: 133

Abdul Hannan Vs. Election Tribunal, Cox's Bazar, Chittagong & another, 1979, 8 CLC (AD)

....the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191.......e is remanded back to the Tribu­nal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191....... Khan, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record - For the respondent No.2. Not represented - Respondent No.1. Civil Appeal No.156 of 1978. (From the judgment and order dated 11.7.78 passed by the High Court Division in Writ Petition No.806 of 1977.) Judgment ......e is remanded back to the Tribu­nal for disposal of the case in the light of the observations made above. Costs will abide the result. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 191...

Category: Election Law | Date: | Hits: 163

Md. Akram Ali Pk. and others Vs. Md. Yasin Ali and others, 2012, 41 CLC (AD)

....LR (AD) (2012) 242. ......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ......3; Charan Das Vs. Amir Khan, A.I.R. 1921 P.C.50; Keramat Ali Vs. Muhammad Younus Haji P.L.D. 1963(S.C.) 191=15 DLR (SC) 120; Md. Zahoor Ali Khan’s case 11 M.L.A. 468. Result: The judgment and order passed by the High Court Division affirming the judgment and order passed by the learned Distr......wing amendment is restored. The trial Court is directed to dispose of the suit as expeditiously as possible. Ed. This Case is also Reported in: 17 BLC (AD) (2012) 135; 17 MLR (AD) (2012) 242. ..

Category: Procedural Law | Date: | Hits: 100

M Fransis P Rojario alias Babu Vs. State, 2009, 38 CLC (HCD)

.... Md. Delwar Hossain J M Fransis P Rojario alias Babu.................Accused-Petitioners Vs. State...............Opposite Party Judgment December 15, 2009. Result: The Rule is made absolute. Cases Referred to- Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38; Nasiruddin ......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355.......f CR (Petition Case) No.1080 of 2007 under sections 406/408/409/420/34 of the Penal Code, now pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be quashed and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. At the time of issu......ccused petitioners is hereby quashed. Communicate a copy of this Judgment to the Court concerned where the case is now pending at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 355...

Category: Criminal Law | Date: | Hits: 86

Salahuddin Ahmed Vs. State, 2009, 38 CLC (HCD)

....rs of the joint forces recovered in all 360 pieces of corrugated tin (Dheutin), which were allotted for distribution as relief materials and not for sale, from the house No.189 Shyampur High School road, block No.G under the police station Shyampur, Dhaka belonging to the ownership of the accused-pe......rruption Commission, an application under section 561A of the Code of Criminal Procedure was moved and this Rule was issued and stay passed as stated above. The accused-petitioner was also granted ad interim bail by the same Rule issuing order dated 14-8-2008. 5. Mr. AM Mahbub Uddin, the learned ......nder sections 420/409 of the Penal Code, now pending in the 4th Court of Additional Chief Metropolitan Magistrate, Dhaka, should not quashed, so far it relates to the accused-petitioner, or any other order passed as to this Court may deem fit and proper. 2. By the said Rule issuing order all furt......t of this Judgment by the lower Court, and pray for regular bail. Send a copy of the Judgment and order to the Court below at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 351...

Category: Criminal Law | Date: | Hits: 61

Jahangir Alam Chowdhury (Md.) Vs. Zabun Nahar Chowdhurani and other, 2008, 37 CLC (HCD)

....ir Alam Chowdhury (Md.)……………………Petitioner Vs. Zabun Nahar Chowdhurani and other…………………….opposite Parties Judgment May 8, 2008. Result: Two Rules are made absolute. Cases Referred to- Mohsena Khatun Vs. Habib Knitting Mills, 1997 BLD (AD) 47; Hu......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ......nd wife peacefully. 7. Again the defendant told her to transfer the suit land in the name of the defendant for running his practice as eye specialist and failing of which she would be divorced. In order to maintain conjugal life peacefully and considering the future of the children she executed a......is Court at the time of issuance of the Rule is hereby vacated. Lower Courts record be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 322. ..

Category: Family Law | Date: | Hits: 167

Nurun Nabi (Md.) Vs. Md. Abu Taher Khan and another, 2009, 38 CLC (HCD)

....d. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ...... section 561A. 24. Accordingly, we find no merit in this Rule and the Rule is hereby discharged. The trial Court is directed to proceed with the case as expeditiously as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. ......usly as may be Practicable. The order of stay granted earlier by this Court shall stand vacated. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 317. ..

Category: Criminal Law | Date: | Hits: 86

Khalil @ Khalilur Rahman and others Vs. State, 2008, 37 CLC (HCD)

....01 are allowed and Criminal Appeal No.3698 of 2001 is dismissed. Cases Referred to- Ustar Ali Vs. State, 3 BLC (AD) 53. Lawyers Involved: Aminul Huq Helal with Momtaz Uddin Fakir and Kalipada Mridha, Advocates - For the Appellants. Umme Kulsum Begum, Deputy Attorney-General with SM Sh......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ......he instance of Md. Moazzem Hossain and Criminal Appeal No.3604 of 2001 at the instance of accused Nurul Islam under section 408 of the Code of Criminal Procedure are directed against the Judgment and order of conviction and sentence dated 31-7-2001 passed by the learned Assistant Sessions Judge, Fir......tion and sentence is affirmed and he will get benefit of section 35A of the Code of Criminal Procedure. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 309. ..

Category: Criminal Law | Date: | Hits: 116

Atahar and others Vs. State, 2007, 36 CLC (HCD)

....nd others...........Appellants Vs. State........Respondent Judgment May 21, 2007. Result: The appeal is allowed. Cases Referred to- Abdul Gafur Vs. State, 1992 BLD (AD) 90; Annadi alias Ayenuddin Vs. State, 6 BLC 310; Shah Alam Vs. State, 42 DLR (AD) 31; Mahiruddin Vs. State,......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ......ppeal No.770 of 1997. Judgment Siddiqur Rahman Mith J.- This appeal at the instance of Atahar and others under section 410 of the Code of Criminal Procedure is directed against the Judgment and order dated 30-3-1997 passed by the learned Additional Sessions Judge, Pabna in Sessions Case No.87 ......ny other case and accused appellants Mutahar and Sohrab be discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 302. ..

Category: Criminal Law | Date: | Hits: 66

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

.... 63 DLR (HD) (2011) 71. ...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ......aused by earthquake should not be declared to be illegal and without lawful authority and why a direction should not be given upon the respondents to arrange sufficient rescue equipments necessary in order to save the life of the citizens in case of disaster caused by earthquake. 2. The facts le...... to the office of the Prime Minister and the Ministry of Disaster Management by a special messenger of this Court as soon as possible. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 71. ..

Category: Constitutional Law | Date: | Hits: 211

Momena Khatun and oth­ers Vs. Hussain Fabrics Ltd. and others, 2010, 39 CLC (HCD)

....the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66.........................................Appellants Vs. Hussain Fabrics Ltd. and others............................Respondents Judgment May 31, 2010. Result: This appeal is allowed and the order of injunction granted earlier at the time of issuance of rule is by vacated. Lawyers Involv......lier at the time of issuance of rule is here by vacated. Communicate this order at once. Sent down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 66...

Category: Property Law | Date: | Hits: 78

Bangladesh Freedom Fighters' Welfare Trust and others Vs. Joint District Judge and Artha Rin Adalat & another, 2004, 33 CLC (HCD)

....made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ......rnment under this Order shall be exempt from all legal process, including seizure, distress, ejectment, attachment or sale by any officer of a Court or any other authority, and no injunction or other order of whatever kind in respect of such property shall be granted or made by any Court or any othe......udgment and decree dated 14‑5‑02 is without jurisdiction. The result is that the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 641. ..

Category: Property Law | Date: | Hits: 173

Hanif Shaikh (Md) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....wdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of Bangla­desh and others ..................Respondents Judgment May 26, 2004. Result: The Rule is made absolute. Lawyers Involved: MI Forooqui with Ruhul Quddus and Abdul Mannan kha, Advocates ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ......Attorney General with Nahid Mahtab, Assistant Attorney General ‑ For Respondent No. 2. Writ Petition No. 3396 of 2002. Judgment SAN Mominur Rahman J. - Rule was issued as to why the office order bearing No. Memo No. Je: Pro: Nat: //8‑4/02/423 dated 4‑7‑2002 passed by the respondent ......nced by Annexure E to the writ petition, is hereby declared to have been passed and issued without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 645. ..

Category: Information Technology Law | Date: | Hits: 282

AKM Abdullah Harun Vs. Additional District Judge and others, 2001, 30 CLC (HCD)

.... Result: The Rule is discharged. Cases Referred to- AKM Ruhul Amin Vs. District Judge and Appellate Election Tribunal, Bhola and others, 38 DLR (AD) 172; Farrukh Ahmed Vs. Nazir Ahmed alias Badsha Mia, 25 DLR 225; Syed Abdul Awal and another Vs. Dewan Abdul Monaem and another, 11 DLR 414; M......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ......Kazi AT Manowaruddin J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondent Nos. 1‑7 to show cause as to why the impugned order dated 25‑3‑2001 (Annexure‑B to the petition) passed by the Additional District Judge, Co......examination is hardly possible under the writ jurisdiction. In view of the above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 654. ..

Category: Trust/Waqf Law | Date: | Hits: 153

Ruhul Amin Kha Vs. State, 2004, 33 CLC (HCD)

....trict Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632.......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632....... General ‑ For the Opposite Party. Criminal Appeal No. 1195 of 2004. Judgment Khademul Islam Chowdhury J. - This appeal at the instance of the accused Ruhul Amin Kha is directed against an order dated 20‑3‑2004 passed by the Senior Special Tribunal, Barisal in Special Tribunal Case No......appellant Ruhul Amin kha, son of late Amir Hossain Kha of village Lakshmipur, PS Muladi, District Barisal is hereby discharged from the case. Ed. This Case is also Reported in: 56 DLR (2004) 632...

Category: Criminal Law | Date: | Hits: 64

Zahidul Hasan (Md) and others Vs. State, 2004, 33 CLC (HCD)

....an J Zahidul Hasan (Md) and others .............Petitioners Vs. State .............................................. Opposite Party Judgment June 23, 2004. Result: The Rule is made absolute. Lawyers Involved: Sheikh Atiar Rahman with Arobinda Kumar Roy, Md. Wahiduzzaman,......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......w pending in the Court of Magistrate, 1st Class, Cognizance Court No.1, Sylhet are hereby quashed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ......ed. The Deputy Commissioner, Sylhet is directed to make arrangement to return the money. Communicate the order to the Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 630. ..

Category: Criminal Law | Date: | Hits: 70

Chairman, Uttara Manage­ment Ltd. and others Vs. Chairman, Labour Court, Rajshahi and another, 2004, 33 CLC (HCD)

....y, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ......es ‑ For the Petitioners. Md. Nesar Ahmed with Md. Nurul Huda, Advocates ‑ For Respondent No. 2. Writ Petition No. 2698 of 1998. Judgment Md Awlad Ali J. - This Rule arises out of an order dated 31‑3‑1998 deciding the question of jurisdiction of the Labour Court and also the jud......excess of its jurisdiction. Therefore, there is no merit in this Rule. The Rule is accordingly, discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 627. ..

Category: Labour and Industrial Law | Date: | Hits: 188

National Life Insurance Company Ltd. Vs. Controller of Insurance, 2002, 31 CLC (HCD)

....q J National Life Insurance Company Ltd …………Petitioner Vs. Controller of Insurance ………………………… Respondent Judgment April 24, 2002. Result: The Rule is made absolute. Lawyers Involved: M Zahir with Shah Muhammad Ezaz Rahman, Advocates ‑ For the ......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624.......he provisions of the Act. The learned Advocate also submits that the imposition of fine with retrospective effect is illegal and that the Controller of Insurance has no authority to pass the impugned order of imposition of fine and, as such, the impugned Memo dated 11‑3‑1999 by the respondent is......€‘3‑1999 by the respondent imposing fine upon the petitioner is declared to have been done without lawful authority and of no legal effect. Ed. This Case is also Reported in: 56 DLR (2004) 624...

Category: Business or Commercial Law | Date: | Hits: 271

Tareq Shamsul Khan alias Himu & others Vs. State, 2004, 33 CLC (HCD)

....ir J Tareq Shamsul Khan alias Himu & others ……………Petitioners Vs. State……………………………Opposite Party Judgment March 30, 2004. Result: The Rule is made absolute. Lawyers Involved: Abdul Baset Majumder, Advocate ‑ For the Accused Petitioners......poradh Daman Tribunal being Jana Nirapatta Case No. 81 of 2001 which was challenged by Writ Petition No. 657 of 2001 before the High Court Division on 27th February, 2001 and obtained Rule with an ad-interim order to the effect that not to arrest, harass or disturb the accused. It is further submitt...... be kept with the record. 2. This Rule was issued, at the instance of accused petitioner Tareq Shamsul Khan alias Himu and three others, calling upon the opposite party to show cause as to why the order, dated 6‑2‑2003 passed by the Judge of Druta Bichar Tribunal, Dhaka Division, Dhaka, in Dr...... ‑Criminal Procedure, is set aside. Send a copy of this judgment to the Tribunal concerned at once for information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 622...

Category: Criminal Law | Date: | Hits: 71

Wazir Jahan Begum and another Vs. Government of Bangla­desh and others, 2003, 32 CLC (HCD)

....absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621.......ourt and Artha Rin Adalat, Comilla in Miscellaneous Case No. 20 of 1990 should not be declared to have been passed without lawful authority and is of no legal effect and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Heard the Learned Advocates and peru......a Akhtar & others reported in 49 DLR (AD) 80. In view of our observations and findings as above this Rule is made absolute with costs. Ed. This Case is also Reported in: 56 DLR (2004) 621...

Category: Civil Law | Date: | Hits: 81