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

....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..

Category: Criminal Law | Date: | Hits: 86

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

....trusted to deal with the relief materials, rather the local authority for allotment and distribution of those relief materials were responsible for misappropriation, if any. He submits that the local Government officials were in fact entrusted with the responsibility of giving allotment and distribu......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..

Category: Criminal Law | Date: | Hits: 61

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

....d at BCS examination of Health Cadre and qualified himself and also subsequently passed FCPS in eye. As an eye specialist he earned good reputation at home and abroad. He went to Saudi Arabia through Government and served there for a long time with the satisfaction of the authority by high paid sala......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..

Category: Family Law | Date: | Hits: 167

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

....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. ..

Category: Criminal Law | Date: | Hits: 86

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

....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..

Category: Criminal Law | Date: | Hits: 116

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

....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 ..

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)

.... (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Human Rights and Peace for Bangladesh (HRPB) and others..................Petitioners Vs. Government of Bangladesh and others.........................................Respondents Judgment......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..

Category: Constitutional Law | Date: | Hits: 211

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

....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..

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)

....de without lawful authority and is of no legal effect. 2. The facts as stated in the writ petition are that, the petitioner No. 1 Bangladesh Freedom Fighters' Welfare Trust, was established by the Government of the People's Republic of Bangladesh and the petitioner Nos. 2‑5 are the officers of ......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..

Category: Property Law | Date: | Hits: 173

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

....me Court High Court Division (Special Original Jurisdiction) Present: SAN Mominur Rahman J Zubayer Rahman Chowdhury J Hanif Shaikh (Md) ........................Petitioner Vs. Government of Bangla­desh and others ..................Respondents Judgment May 26, 2004. ......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 ..

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

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

....t Judge. Section 8 of the Civil Court Act (Act XII of 1887) provides that "(1) when the business pending before any District Judge requires the aid of Additional Judges for its speedy dispos­al, the Government may, having consulted the High Court Division, appoint such Additional Judges as may be r......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..

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

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

....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..

Category: Criminal Law | Date: | Hits: 64

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

....habitants of District Sylhet residing at London used to send money by illegal way without sending the foreign currency through bank and, as such, hindrance is created to earn foreign currency for the Government. The car driver stated that in lieu of Taka 250 as rent he went to Upashahar in the house......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. ..

Category: Criminal Law | Date: | Hits: 70

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

....ing, inter alia, that he joined Aziz Match Factory in 1963 as a Box Filler and was made permanent in the said post in 1965. After liberation of Bangladesh the said establishment was taken over by the Government of Bangladesh as an abandoned industry. The petitioner was promoted to the post of Checke......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..

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

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

....€‘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..

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

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

.... ‑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....... 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..

Category: Criminal Law | Date: | Hits: 71

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

.... High Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Syed Muhammad Dastagir Husain J Wazir Jahan Begum and another…………………Petitioner Vs. Government of Bangla­desh and others ............Respondents Judgment October 27, 2003. Re......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..

Category: Civil Law | Date: | Hits: 81

Tofael Ahmed Vs. State, 2002, 31 CLC (HCD)

....he light of observation made in the judgment dated 16‑1‑1994 by the appellate Court in Criminal Appeal No. 32/89. Record be sent down. Ed. This Case is also Reported in: 56 DLR (2004) 614.......al Appeal No. 221 of 1995. Judgment Md. Abdul Quddus J. - In this appeal under section 417(2) of the Code of Criminal Procedure the complainant appellant challenged the legality of the impugned order dated, 21‑1‑1995 by Additional District Magistrate Noakhali dismissing CR Case No. 3/84 un..

Category: Procedural Law | Date: | Hits: 73

Asmatunnessa Khatun Vs. Bangladesh, 2004, 33 CLC (HCD)

....vables of the Deputy Commissioner at Dhaka as described in the schedule to the application within a week of receipt of this order positively. Ed. This Case is also Reported in: 56 DLR (2004) 612....... Civil Revision No. 4901 of 2003. Judgment Md. Abdur Rashid J. - Decree holder obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 13‑10‑03 passed by the learned Joint District Judge, Court No. 2 and executing Court..

Category: Procedural Law | Date: | Hits: 54

Abdus Sattar alias Taku Sattar Vs. State, 2010, 39 CLC (HCD)

....ess his detention is required in connection with any other case. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 298. ......onvict-petitioner, under section 561A of the Code of Criminal Procedure (the Code) the present rule has been issued calling upon the opposite parties to show cause as to why the impugned Judgment and order of conviction and sentence dated 14-1-2007 passed by Special Tribunal Judge, Special Tribunal ..

Category: Criminal Law | Date: | Hits: 65