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Hossain Khan (Md.) and others Vs. Government of Bangladesh & others, 2001, 30 CLC (HCD)
....e appellants for the purpose of 'Dhanmondi Hawkers Market' which was previously requisitioned by the Government by order dated 9-9‑1960. The appellant filed objection against the acquisition of the property on 5‑10‑1976 but the same was not considered. The Deputy Commissioner assessed Taka 2,7......his Case is also Reported in: 55 DLR (2003) 264. ......al passed an order in FMA 89 of 1992 and sent back the matter on remand to the Arbitration court. The learned Deputy Attorney-General unfortunately, did not understand and could not differentiate the legal implication between requisition and acquisition under the Act. 12. The learned Subordinate ..Category: Property Law | Date: | Hits: 95
Nabiran Bibi Vs. Md. Panna Miah and others, 1998, 27 CLC (HCD)
....t 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 notified the date properly. Mr Islam, lastly submits that the complainant was all along present in the court of Magist......t Division (Criminal Appellate Jurisdiction) Present: Md. Nurul Islam J Md. Hassan Ameen J Nabiran Bibi…………………………………….Appellant Vs. Md. Panna Miah and others ………………Respondents Judgment May 12, 1998. Lawyers Involved: Ashf......he learned Additional District Magistrate passed the impugned judgment and order without applying his judicial mind which is definitely bad in law and as such cannot be supported; which is ex facie illegal. Accordingly the appeal is allowed and the order of acquittal of the accused respondents at se..Category: Criminal Law | Date: | Hits: 44
Amirul Islam (Md.) and others Vs. Thana Nirbahi Officer and others, 2000, 29 CLC (HCD)
....his order within four weeks from the date of receipt of a copy of this order. The office is directed to communicate this order at once. Ed. This Case is also Reported in: 52 DLR (2000) 388. ...... is also Reported in: 52 DLR (2000) 388. ......ny notice. 10. Mr. Eunus Ali Akand, learned Advocate appearing for the petitioners submitted that stopping payment of salaries and allowances of the petitioners without any reason whatsoever was illegal, mala fide and arbitrary. He also submitted that exclusion of the names of the petitioners No...Category: Employment/Service Law | Date: | Hits: 84
Talebuddin (Taleb) and another Vs. State, 2010, 39 CLC (AD)
....thers and that their father was murdered earlier inasmuch as they are the only adult male members of their family comprising of wife and minor children and that they are badly suffering for want of proper care and fooding due to their prolonged detention in jail and facing starvation and thus, c......Reported in: VIII ADC (2011) 89 & 447. ......ks is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the Court. Ed. This Case is also Reported in: VIII ADC (2011) 89 & 447. ..Category: Criminal Law | Date: | Hits: 43
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ...... (Criminal) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The State………………..........Petitioner (In all the cases) Vs. Md. Abdul Kuddus and others………....Respondents (In Criminal Petition No. 42 of 2009) Ripon ................Re......iasuddin is the only eye witness of the occurrence but unfortunately he has been made an accused instead of citing him as a witness. To speak the truth, the investigating agency of this case has made legal impediments on the way of proving the prosecution case for want of its far-sightness. It appea..Category: Criminal Law | Date: | Hits: 47
Md. Zahidul Islam Vs. Md. Kamal Hossain and another, 2009, 38 CLC (AD)
.... absolute. The above submission merit consideration. Leave is granted. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 60....... Md. Tafazzul Islam J Md. Abdul Aziz J BK Das J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Zahidul Islam..............................Petitioner Vs. Md. Kamal Hossain and another .........Respondents Judgment November 16, 2009. Lawyers Involved: Munsoru......yment 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 tho..Category: Criminal Law | Date: | Hits: 39
Md. Azizur Rahman Vs. State and another, 2010, 39 CLC (AD)
....used petitioner in the FIR and charge sheet would be proved or disproved by leading evidence at the time of trial and the offence of the accused petitioner could not be adjudicated without taking proper evidence. The High Court Division observed that there is no legal bar against the initiation ......ision (Criminal) Present: Mohammad Fazlul Karim J Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Md. Azizur Rahman…………..............Petitioner Vs. The State and another……………......Respondents Judgment January 11, 2010. Lawyers Involved: ......proved by leading evidence at the time of trial and the offence of the accused petitioner could not be adjudicated without taking proper evidence. The High Court Division observed that there is no legal bar against the initiation and continuation of the proceedings and as such, the proceedings ..Category: Criminal Law | Date: | Hits: 55
Managing Director, Dhaka WASA Vs. Meer Awlad Hossain and others, 2010, 39 CLC (AD)
....vice." Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 45.......l) Present: ABM Khairul Haque CJ Md. Muzammel Hossain J Surendra Kumar Sinha J The Managing Director, Dhaka WASA, WASA Bhaban, Dhaka...........Petitioner Vs. Meer Awlad Hossain and others ............................Respondents Order October 13, 2010. Lawyers Involve......r not there was excess payment to the writ petitioner. It is further contended that the High Court Division erred in law in failing to consider that the petitioner failed to show violation of his legal right and since the writ petition is based on disputed facts the same is not legally maintaina..Category: Employment/Service Law | Date: | Hits: 87
Rafiqul Islam Howlader alias Md. Rafiq Howlader Vs. Syed Abdul Hamid and others, 2010, 39 CLC (AD)
....l point to interfere with the impugned judgment and order passed by the High Court Division. In the premises the petition is dismissed. End. This Case is also Reported in: VIII ADC (2011) 19....... Shah Abu Nayeem Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Rafiqul Islam Howlader alias Md. Rafiq Howlader…………….....Petitioner Vs. Syed Abdul Hamid and others………………………………………….....Respondents Judgment April 18, ......rom the vendors and that they got their names mutated in the records of right and paying rent to the Government in accordance with law. But the government recorded the suit land in the khas Khatian illegally and trying to settle the same to others. Hence the suit. 3. The defendant Nos.8-11 by f..Category: Property Law | Date: | Hits: 93
Md. Abdul Barik and another Vs. Most. Serajan Nessa and another, 2010, 39 CLC (AD)
....ul Latif is the father of the defendant and the plaintiffs are the aunt of the defendants. The plaintiffs transferred 0.29½ acre of land along with a disputed land to defendant Nos.1 and 2 against proper consideration money on 28.10.1986 and delivered possession in favour of defendant Nos.1 a......orted in: VIII ADC (2011) 16. ......রে” and that the High Court Division erred in law in not holding that without seeking consequential relief. The simple suit for declaration that the deed in question is collusive, forged, illegal and not binding upon the plaintiffs is not maintainable; that it is a case of fraud and he w..Category: Property Law | Date: | Hits: 84
Commissioner of Customs and others Vs. Ruhul Amin Bachuchu and others, 2009, 38 CLC (AD)
....ho had the statutory duty to do so under the Customs Act; the very purpose of said SRO 206 date 17.9.1008 for public good has been frustrated by the action of the petitioners and so apart from taking proper action against the delinquents officers with information to the High Court Division, the pe......DC (2011) 14. ......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. ..Category: Fiscal/Taxation Law | Date: | Hits: 92
Tarique Rahman Vs. Government of Bangladesh, 2011, 40 CLC (AD)
....of with the above observations and modifications. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 18, 31 BLD (AD)(2011) 34, 19 BLT (AD) (2011)104, 8 LG (2011) AD 90, VIII ADC (2011) 217. ...... ABM Khairul Haque CJ Md. Muzammel Hossain J SK Sinha J Tarique Rahman................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs, Bangladesh Secretariat, Ramna, Dhaka and others.......Respondents Judg......esent petitioner preferred Writ Petition No. 6286 of 2010 before the High Court Division challenging the Constitutional validity of the Money Laundering Protirodh Ain, 2009 (Act No.8 of 2009) and the legality of the initiation and continuation of Metro Special Case No.126 of 2010 corresponding to A...Category: Civil Law | Date: | Hits: 174
State Vs. Saiful Islam and another, 2003, 32 CLC (HCD)
....e for absconder Saiful Islam, submitted as follows: 1. The prosecution was not able to prove the manner of the occurrence and the weapon used in the incident. 2. The place of occurrence was not property identified by the Investigating Officer in the sketch map as the jujube tree was not shown....... Court Division (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J SM Hossain J State ………………………………………………Petitioner Vs. Saiful Islam and another ………….….Condemned Absconder Judgment July 22, 2003. Cases Referred to......ashem was a First Class Magistrate in Bhola at the relevant time of occurrence. In his evidence, he testified that he recorded the confessional statement of accused Fazilutennessa after observing all legal formalities. He proved the confessional statement as Exhibit 3 and his signature thereon as Ex..Category: Criminal Law | Date: | Hits: 84
Atiqur Rahman Mullah Vs. Abul Kalam Azad and others, 2002, 31 CLC (HCD)
....he cost to the learned Advocate for the petitioner by 15th January, 2003, in default, the application for rehearing shall stand rejected. Ed. This Case is also Reported in: 56 DLR (2004) 373. ......3. ......eave petition was filed on 16‑9‑2002. In the supplementary affidavit it has been categorically stated that out of 'high anxiety' leave petition was filed only to save limitation. I do not see any legal bar in disposing of this application on merit as mere filing of a leave petition does not ipso..Category: Property Law | Date: | Hits: 73
Razia Sultana Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....cientific Works, a partnership firm (the firm, in short). The said firm entered into an agreement on 13‑11‑1964 with the Dhakeswari Cotton Mills Ltd (the company, in short) to purchase one of its properties situated at the premises at the holding No. 28, Hatkhola Road Dhaka. In pursuance to the ......iction) Present: ABM Khairul Haque J Md. Miftahuddin Chowdhury J Razia Sultana……………………………………………….………Petitioner Vs. Government of Bangladesh and others …………….Respondents Judgment March 1, 2004. Cases Referred to- Buxly ...... why the order of respondent No. 2 contained in Memo No. Liquidator/300/57/532 dated 9‑3‑1986 (Annexure‑1) should not be declared to have been made and issued without lawful authority and of no legal effect. 2. It is stated in the petition that the petitioner is the Managing Partner of Mes..Category: Business or Commercial Law | Date: | Hits: 194
State Vs. Billal Hossain Gazi, 2004, 33 CLC (HCD)
...., we find that the materials on record prove that the condemned prisoner cannot avoid the responsibility of the death of his wife and he is required to be put on trial for the cause of death before a proper court. The proper procedure in the facts of the given case, is to remand the case to the Cour...... Vs. Billal Hossain Gazi ……………..Respondent Judgment April 13, 2004. Lawyers involved: Nikilesh Dutto, Deputy, Attorney-General with Md. Baset, Assistant Attorney-General and Fara Mahmuda Assistant Attorney-General-For the State. Md. Abdul Haque, Advocate-State Defenc......on the victim. He used to torture the victim both physically and mentally for dowry and that lastly he has demanded dowry of Taka 20,000 on the plea of going abroad. He and his daughter refused his illegal demand, for which, the accused assaulted the victim with a lathi on 15‑5‑1999 at about 9..Category: Criminal Law | Date: | Hits: 43
Masud Mia (Md.) Vs. State, 2003, 32 CLC (HCD)
....f conviction and sentence is not sustainable in law. The learned Advocate further submits that the learned Bishesh Adalat erred in law in passing the impugned order of conviction and sentence without properly weighing and sifting the evidence on record as is required by law and consequently the impu...... Masud Mia (Md.) ……………………Appellant Vs. State ………………………………………Respondent Judgment December 7, 2003. Case Referred To- Md. Abdul Khaleque and others Vs. State, 12 DLR (SC) 165. Lawyers involved: AFM Mesbahuddin with Khandaker Diliru...... Md. Masud Mia be set at liberty forthwith if not wanted in connection with any other case. Send down the lower Court's records at once. Ed. This Case is also Reported in: 56 DLR (2004) 352. ..Category: Criminal Law | Date: | Hits: 45
Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)
.... The next case is the case of Sh Zohoor Ahmad Vs. State reported in PLD 1974 Lahore 256 where provision of section 561A Cr.P.C. has further been elucidated as regards High Court's competency to pass proper orders and give consequential directions for giving effect to an order made under the Code an......abul (Md.)…………………Petitioner Vs. State………….……………………………………Respondents Judgment April 4, 2004. Cases Referred To- Bangladesh Legal Aid and Services Ltd (Blast) Vs. Bangladesh, 55 DLR 363; Devendra Dutt and others Vs. State and others, ...... records of the Badda PS Case No. 27(3) 04 dated 20‑3‑2004 pending in the Court of Chief Metropolitan Magistrate, Dhaka should not be called for to be satisfied that the petitioner is not being illegally harassed without due process of law. 2. The facts giving rise to the application succinct..Category: Criminal Law | Date: | Hits: 60
Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)
....ndant examined one 'Tahshilder' and adduced a copy of RS Khatian, which was marked as Exhibit 'Ka'. 8. Learned Subordinate Judge held that the plaintiff proved her possession and title in the suit property. She paid rents tip to 1393 BS after mutation vide order dated 24‑11‑1984, Exhibit 7(1)......t High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rashid J SAB Mahmudul Huq J Hasna Banu……………………………………Petitioner Vs. Bangladesh and others ………………..Opposite Parties Judgment May 8, 2004. Case Referred To- ......ho had no title the plaintiff acquired no right, title or interest in the suit land. Husband of the plaintiff got the suit land mutated in collusion with corrupt 'Tahshilder' and such mutation had no legal effect. 6. On the aforesaid pleadings following issues were framed by the trial Court: (..Category: Property Law | Date: | Hits: 76
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....kat Sikder and Md. Rafiqul Islam Kotwal should not be brought before this Court to be dealt with in accordance with law or pass such other or further order or orders as to this Court may seem fit and proper. 2. It is stated in the petitions that the detenue Liakat Sikder is a student of Dhaka Uni...... High Court Division (Criminal Miscellaneous Jurisdiction) Present: SK Sinha J Sharifuddin Chaklader J Saifuzzaman (Md.)……………………………….Petitioner Vs. State and others ……………………………….Opposite Parties Judgment August 4, 2003. C......order of detention on 27‑2‑2002, against which, they moved this Court in Criminal Miscellaneous Case Nos. 2400 of 2002 and 2405 of 2002 respectively. This Court declared the orders of detention illegal and directed for release of the detenus by judgment and order dated 23‑3‑2002. During the ..Category: Criminal Law | Date: | Hits: 70
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