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Shahidul Haque and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......tion No. 9390 of 2010). Writ Petition No.9390 of 2010. with Writ Petition No.9394 of 2010. Judgment Md. Ruhul Quddus J. - Since there is an order in Writ Petition No.9394 of 2010 for its hearing analogously with Writ Petition No.9390 of 2010 and the issues involved in both the w...... - I agree. This Case is also Reported in: ......d the next election of the central executive committee of NASCIB in accordance with law within six months from taking charge. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ..

Category: Civil Law | Date: | Hits: 114

Md. Arfan Khan Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......g agent was issued calling in question the legality of an order passed by the Government in the Ministry of Expatriates’ Welfare and Overseas Employment Affairs canceling his recruiting license and forfeiting security money deposited against the same. 2. Facts leading to this Rule, in brief, ar......h Court Division (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Md. Arfan Khan …………………………......Petitioner Vs. Bangladesh and others……………………....Respondents Judgment July 15, 2012. Result: The Ru......erit in the Rule. Accordingly the Rule is discharged. Stay granted at the time of issuance of the Rule is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Constitutional Law | Date: | Hits: 407

Hajee Helal Uddin Ahmed Vs. National Sports Council and others, 2012, 41 CLC (HCD)

....Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ......2012 issued byNational Sports Council (annex-D) nominating seven members in the general body of Divisional Sports Association, Sylhet and the order dated 30.1.2012 passed by the Election Commissioner for the election, 2012 of the association overruling Objection No.7/2012 (annex-E) that was raised b......ion (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Hajee Helal Uddin Ahmed............................Petitioner Vs. National Sports Council and others.....................Respondents Judgment November 22, 2012. Result: The Rule......Accordingly, the Rule is discharged without any order as to cost. The interim order of stay passed earlier is vacated. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 94

Bahar Uddin Ahmed and others Vs. Secretary, Ministry of Liberation War Affairs and others, 2012, 41 CLC (HCD)

....ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ...... J. K. Paul, Advocate-For respondent Nos.2-4. Writ Petition No.8354 of 2010. Judgment Md. Ruhul Quddus. - This Rule at the instance of the legal heirs of a martyr freedom fighter was issued for a direction upon the respondents to give them monthly state honorarium and other benefits, issue...... Ed. This Case is also Reported in: ......ter will be dealt strictly. Petitioner 4 Taj Nehar Begum will furnish her account number to the Trust within a month. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in: ..

Category: Others | Date: | Hits: 103

Doon Valley Rice Limited Vs. MV Yue Yang and others, 1996, 25 CLC (HCD)

.... well as the application for the return of the plaint are rejected. And the suit is held to be maintainable in Admiralty Jurisdiction. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 531. ......g is commenced by the arrest of the res, the ship, such arrest is not an interlocutory order………………………………(34) The Admiralty Act, 1861, section 6 In a pure and simple suit for the realisation of the money by an unpaid vendor, admiralty jurisdiction cannot be invoked. To a......531. ......Abdul Hussin Essaji (3); Nanjibhai Jethabhai Vs. Popatlal Shriraj and others (4); Shib Deo Misra and others Vs. Ram Prasad and others (5); Eastern Steamship Enterprise Private Ltd. Vs. Bangladesh Agricultural Research Institute, 35 DLR 414; Princies Royal Lr. (1870) 3 ACE 41; National Co. Ltd. Vs. A..

Category: Admiralty Law or Maritime Law | Date: | Hits: 258

State Vs. Secretary, Ministry of Home Affairs and others, 2009, 38 CLC (HCD)

....e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ......n­dent of Police, Immigration, Zia International Airport, 4. Saiful, 5. Delwar, 6. Mujib, 7. Anowar and 8. Mizan to show cause as to why they shall not be directed to explain the action of the five afore­mentioned security officials, namely Saiful, Delwar, Mujib, Anwar and Mizan (subsequently corr......e Court High Court Division (Special Original Jurisdiction) Present: Md. Imman Ali J Sheikh Abdul Awal J State...............Petitioner Vs. Secretary, Ministry of Home Affairs and others................Respondents Judgment April 28, 2009. Result: The Rule is dis­......e learned Advocates and also the Judge Advocate General of the Air Force. With the above observations, the Rule is dis­posed of. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 183. ..

Category: Others | Date: | Hits: 87

Abdul Khaleque Shah Vs. Administrator of Waqfs and others, 1996, 25 CLC (HCD)

.... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ...... (EC No.843), that while he was discharging the duties of the Mutwalli of the Waqf Estate respondent Nos.2 and 3, Haji Monjurul Islam Shah and Md. Rahmat Ali Shah respectively, filed an application before the Waqf Administrator for removal of the petitioner from the office of the Mutwalli; that on r......ivision (Special Original Jurisdiction) Present: Md. Ruhul Amin J Md. Asaduzzaman J Abdul Khaleque Shah……………………………….Petitioner Vs. Administrator of Waqfs and others…………………………………..Respondents Judgment December 2, 1996. R...... the same till finalisation of the proceeding under section 32 of the Waqf Ordinance 1962 is set aside. There is no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 427. ..

Category: Trust/Waqf Law | Date: | Hits: 85

Ittefaq Group of Publications Limited and others Vs. Arab Bangladesh Bank Limited and others, 1998, 27 CLC (HCD)

....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ......ment and order dated 19‑1‑98 passed by the learned Subordinate Judge, 1st Court, Dhaka in Title Suit No.29 of 1997. The learned Subordinate Judge by the said order rejected the appellants' prayer for injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure. 2. The short fact lea......e is also Reported in: 50 DLR (HCD) (1998) 597. ......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 597. ..

Category: Company Law | Date: | Hits: 127

M. Anwar Hossain and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)

....া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ......ners in all the four petitions and the deceased husbands of Petitioner Nos.2 and 3, in WP 7236/10 under section 121A of the Penal Code. 2. All the Petitioners were sentenced to suffer imprisonment for varying terms while Lt. Col. (retd.) M. A. Taher, Bir Uttam, husband of the Petitioner No. 2 in ...... This Case is also Reported in: ......া কোনো বাংলাদেশি মানুষের পক্ষেই সম্ভব না।” Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 154

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......rosecuting the suit on behalf of the plaintiff. 2. Appellant "Amarbati Natya Mandir" instituted Other Class Suit No. 41 of 2001 through its secretary Shri Piyush Kanti Ghose against the respondent for declaration of title in the suit property mentioned in the schedule to the plaint. The secretary...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ..

Category: Civil Law | Date: | Hits: 104

Muhibur Rahman Manik and another Vs. State, 2006, 35 CLC (HCD)

....eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ......The State………………………Respondent Judgment August 13, 2006. Result: The Criminal Appeal is allowed. Interpretation of judgment A Judicial decision is only an authority for what it actually decides. It cannot be quoted for a proposition that may seem, to follow from it......: 15 BLT (HCD) (2007) 279. ......eof. They are set at liberty at once if not required in connection with any other case. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 279. ..

Category: Criminal Law | Date: | Hits: 83

Habib Khan Vs. State, 2012, 41 CLC (HCD)

....ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ......nal case No.578 of 2010 should not be set-aside and directed to opposite par­ties to set the victim at liberty. 2. The prosecution story in short is that Md. Abul Hossain filed a complaint case before the learned Nari-o-Shishu Nirjatan Daman Special Adalat No.1, Dhaka, the case was registered as...... Result: The Rule is made absolute. When the state does not raise any objection in such circumstances the High Court Division can certainly interfere, when the liberty of a citizen is curtailed and his valuable right of freedom is taken away by the order of the subordinate Court and the High C......ore Hafazat Nirapad Abssan are directed to set at liberty the vic­tim Mosammat Rokeya Dil Afroz Munmun forth­with. This Case is also Reported in: 64 DLR (HCD) (2012) 462, 18 MLR (HCD) (2013) 19. ..

Category: Criminal Law | Date: | Hits: 176

Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)

....maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11......Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31 DLR (AD) 1......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..

Category: Criminal Law | Date: | Hits: 78

Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)

..... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......esult: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parliamen......t High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. Result: ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacat­ed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..

Category: Administrative Law | Date: | Hits: 455

Jiban Kumar Barman Vs. M Abdul Hye, Chairman of the Election Committee and others, 1996, 25 CLC (HCD)

....ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ......e Constitution of Bangladesh, 1972, Article 102 The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28) Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ d......ginal Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Jiban Kumar Barman………………………Petitioner Vs. M Abdul Hye, Chairman of the Election Committee and others……………………Respondents Judgment August 8, 1996. Result: Both Rule......ove finding we need not enter into merit of the Rules. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 566. ..

Category: Election Law | Date: | Hits: 600

Md. Atiar Rahman and others Vs. Government of the People’s Republic of Bangladesh and others, 2012, 41 CLC (AD)

.... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ......onorarium…………………………(9) A document must be annexed to validate any injury or disability to get remedy. Disabled freedom fighters with 5%disability and enlisted with the Trust for the first time in 2004-2008, cannot claim themselves in any manner to stand on same footing with....... Ed. This Case is also Reported in:  ...... grant the relief sought for in this writ petition. Accordingly, theRule is discharged with the above observations. Mohammad Bazlur Rahman J. - I agree. Ed. This Case is also Reported in:  ..

Category: Civil Law | Date: | Hits: 104

Abdul Mukit alias Mukim and others Vs. Additional Deputy Commissioner (Rev.) Moulvibazar and others, 2007, 36 CLC (HCD)

.... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ......f Civil Procedure, 1908 (Act No. V of 1908); Order 7 Rule 11 The provision of res-judicata is that no court shall try any suit or issue in which the matter directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litig...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ...... to costs and the impugned judgment and decree dated 21.01.2006 passed by the learned District Judge, Moulvibazar is hereby affirmed. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 13. ..

Category: Procedural Law | Date: | Hits: 165

Dolon (Md.) Vs. State, 2012, 41 CLC (HCD)

....me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ....... State…………………………Respondent Judgment January 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evi­dence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the ca...... 16, 2012. Result: The appeal is allowed. A person can be convicted relying on the evi­dence of the member of law enforcing agency if their evidence found to be convicting with other facts and circumstances of the case…………………(41) Cases Referred to Aslam Jahangir Vs. S......me Affairs, Inspector-General of Police and Director General of Rapid Action Battalion. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 501. ..

Category: Criminal Law | Date: | Hits: 99

MA Gafur Vs. Registrar of Joint Stock Companies and Firms and others, 2012, 41 CLC (HCD)

.... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ......eral meetings may, by ordinary resolution, ratify what has been done. In those circumstances the Court will not allow a minority shareholder to bring an action perusing a matter which it is competent for the majority to approve on behalf of the company..............................................(8......Court High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J MA Gafur……………………………Petitioner Vs. Registrar of Joint Stock Companies and Firms and others………………………..Respondents Judgment July 31, 2012. Result...... for both sides. This matter shall stand disposed off upon receiving and accepting the affidavit of compliance as mentioned above. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 547. ..

Category: Company Law | Date: | Hits: 129

Mokbul Hossain Santu (Md.) Vs. Bangladesh and others, 1997, 26 CLC (HCD)

....702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ......, 1997. Result: The Rule is made absolute. The Arms Act, 1878 (Act No. IX of 1878); section 26 Under section 26 of the Arms Act, the District Magistrate is not empowered to issue an order for seizure of arms. Only the Government is empowered to seize arms of any person and to detain the ......urt High Court Division (Special Original Jurisdiction) Present: KM Hasan J Md. Tafazzul Islam J Mokbul Hossain Santu (Md.)………………………Petitioner Vs. Bangladesh and others………………………Respondents Judgment November 24, 1997. Result: The......702 of 1987 and a leather belt having 12 cartridges which were seized by a seizure list on 3‑8‑93, to the petitioner immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 591. ..

Category: Criminal Law | Date: | Hits: 77