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....oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331....... declared to have been undertaken without lawful authority and is of no legal effect.
2. The Rule was issued at the instance of the petitioners 1 and 2. On the death of petitioner 2 an application for removing his name from this case was moved and an order to that effect was made by this Court ea......oceed with the construction on the aforesaid drain‑passage further.
The rule is, accordingly, made absolute. No order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 331.......trator, Chittagong Municipal Corporation and others..............Respondents
Judgment
July 4, 1991.
Cases Referred To-
Miah Fazal Din Vs. The Lahore Improvement Trust, 21 DLR (SC) 225.
Lawyers Involved:
AJ Mohammad Ali, Advocate ‑ For the Petitioner.
Not represented‑ the Res..
Category: Property Law | Date: | Hits: 58
Nasirul Islam Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......uit was properly instituted and execution case was properly filed and proceeded in accordance with law- No certified copies of the plaint in the Artha Rin Suit, the decree passed therein, application for execution and order sheets have been annexed with the writ petition to make out a case- Without ......to take back his original title documents those have been annexed with the writ petition substituting photocopies thereof. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ...... sheets have been annexed with the writ petition to make out a case- Without such statement and in absence of the such documents, presumption is that the auction notice has been rightly published. Lawyers Involved: Shaikh Atiar Rahman, Advocate-For the Petitioners. Md. Mozibur Rahman Miah, ..Category: Civil Law | Date: | Hits: 85
Bangladesh Hastashilpa Samabaya Federation Ltd. Vs. Bangladesh, 1992, 21 CLC (HCD)
....eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324....... is no provision to remove a nominated Chairperson from the Managing Committee, further enquiry under section 22 (4) of the said Ordinance is necessary and the respondent No.2 rightly passed an order for maintenance of status quo. It was the further case of the respondents that as the respondent No.......eping respondent No.5 as Chairman is declared to have been made without lawful authority. There will, however, be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 324.......the Secretary, Ministry of Local Government, Rural Development and Co‑operatives, Bangladesh Secretanat, Dhaka and others ..........................Respondents. Judgment December 2, 1992. Lawyers Involved: AFM Mesbahuddin, with A Baset Majumder & Md. Mohsen Rashid, Advocates ‑ F..Category: Others | Date: | Hits: 136
State Vs. Nurul Hoque and another, 1992, 21 CLC (HCD)
....be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......ce Station recorded a report on 10.6.88 at 15‑30 hours which was registered as PS Case No. 7(6)88, wherein it was stated that on 11.5.88 at 13.00 hours the Chairman of Baragaon Union Parishad was informed that a dead body of an unidentified woman was found in a ditch belonging to and within the ho......be set at liberty at once, if not wanted in connection with any other case. The death penalty, as held herein before, is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 306. ......d April 13, 1992. Result: The death penalty is affirmed. Cases Referred to- AIR 1977 (SC) 1116; 126 IC 689; 62 IC 545; PLD 1964 (AC) 813; 31 DLR 312, 16 DLR 598; AIR 1973 (SC) 2474. Lawyers Involved: AKM Zahirul Hoque, Advocate - For the Condemned Prisoner. Ruhul Amin‑II, A..Category: Criminal Law | Date: | Hits: 76
Chand Miah Talukder Vs. Chairman, Court of Settlement, 1993, 22 CLC (HCD)
....bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......s application under Article 102 of the Constitution the petitioner Chand Miah Talukder challenges the order dated 11.2.88 passed by the Court of Settlement in Case No.1006 of 1987 dismissing the case for default on the ground of non‑appearance of the petitioner at the time of hearing of the case. ......bove after giving reasonable opportunity to the parties concerned of being heard and also adducing evidence, both oral and documentary. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 304.......iah Talukder............Petitioner Vs. Chairman, Court of Settlement, Bangladesh Abandoned  Building, Segunbagicha, Dhaka and others……….....Respondents Judgment March 30, 1993. Lawyers Involved: Md. Fazlul Karim, Advocate ‑ For the Petitioner. AK Mujibur Rahman, Deputy..Category: Procedural Law | Date: | Hits: 59
....ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......d Ziaul Karim, Advocate ‑ For the Respondent No.3.
Writ Petition No. 1025 of 1991
Judgment
Fazle Hussain Mohammad Habibur Rahman J.- The Petitioner Md. Mohsin Kabir alias Rupan prays for issuance of Rule Nisi calling upon the respondents (1) Government of Bangladesh represented by t......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987.
On the grounds stated above the application is summarily rejected.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 301.
......spondents
Judgment
July 18, 1991.
Cases Referred To-
Abdul Khaleq Bains and others Vs. Government of Bangladesh and others, 1987 BLD (AD) 121; Md. Ayub Vs. Bangladesh, BCR 1987 AD 350.
Lawyers Involved:
Abdul Basel Mazumder with Zainal Abedin, Advocates ‑ For the Petitioner.
S..
Category: Property Law | Date: | Hits: 86
Fazlu Molla and others Vs. Shamsul Hoque Molla, 1993, 22 CLC (HCD)
....udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......e Subordinate Judge against the plaintiff and others. Plaintiff appeared in that suit and filed a written statement but ultimately the suit was compromised out of Court between the plaintiff and the aforesaid Ganzer Molla and his wife and that suit was decreed in terms of the petition of compromise ......udgment and decree of the Court of appeal below is hereby affirmed. Let the LC records be sent down to the co below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 299. ......€¦â€¦â€¦â€¦â€¦.Respondent Judgment March 11, 1993. Cases Referred To- Rani Hemanta Kumari Vs. Midnapur Zamindari Co. Ltd., 24 CWN 177 (PC); Md. ldris Mia Vs. Abdul Motaleb, 17 DLR 599. Lawyers Involved: Nurul Huq, Advocate ‑ For Appellants. Not represented ‑ the Respondent...Category: Property Law | Date: | Hits: 88
Mohammad Abdus Sabur Vs. Agrani Bank, 2011, 40 CLC (HCD)
....at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......Ain to conclude an execution case within 150 days appears to be directory, not mandatory inasmuch as it does not provide any consequence in case of failing to conclude the case within such time. Therefore the failure of compliance with the mandate of section 37 of the Ain will not invalidate the exe......at the time of issuing the Rule is vacated. Let a copy of the judgment be communicated to the concerned executing Court. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......Code of Civil Procedure is not necessary before issuance of warrant of arrest in an execution cases under the Artha Rin Adalat Ain, 2003. Cases Referred to- 13 BLC 391; 14 BLC 107 and 716. Lawyers Involved: Sk. Zulfiqur Bulbul Chowdhury, Advocate-For the Petitioner. Md. Shafiquel Is..Category: Civil Law | Date: | Hits: 84
.... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......oth the Rules, in short, is that they were served with notices dated 20.10.1990 directing them to submit written statement by way of show cause in their respective own handwriting to respondent No. 2 for the alleged offences of depositing answer script papers written from outside the examination hal...... lawful authority and the same are of no legal effect.
In the result, both the Rules are made without however any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 292.......ef Commissioner Karachi Vs. Mrs. Dina Sohrah Katrak, PLD 1959 (SC) 45; Gopi Vs. Himachal Pradesh Government, AIR 1966 Him. 8 (V 53 C 3); Stuart Vs. Anderson and Morrison, 2 All ER 665 at page 671.
Lawyers Involved:
Amirul Islam with Kazi Shahabuddin and Md. Nurul Huda and Shirin Ahmed Chowdhur..
Category: Others | Date: | Hits: 153
Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)
....de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......r. Abdul Huq, Advocate ‑ For the Opposite Party. Civil Revision No.1181 of 1980. Judgment Habibur Rahman Khan J.- This is an application under section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by th......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ......er Vs. Major Muhammad Akram Khan and others, PLD 1963 (Lah.) 596; Mst. Maqsoodan Bibi Vs. Mst. Bhano, PLD 1965 (Lab.) 183; Syed Azizul Haque alias Nann Miah Vs. Sonali Bank and others, 42 DLR 198. Lawyers Involved: Hasan Foez Siddique, Advocate ‑ For the Petitioner. Abdul Huq, Advocate â€..Category: Property Law | Date: | Hits: 90
Umme Hani Begum and others Vs. Ram Gopal Sarker and others, 2008, 37 CLC (HCD)
....le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ......arayanganj, in Title Suit No. 344 of 1994 decreeing the suit. 2. The respondent No. 2 as plaintiff instituted Title Suit No. 344 of 1994 in the Court of Sub-ordinate Judge, 2nd Court, Narayanganj, for declaration of title by way of acquisition of title by adverse pos session and also for a furthe......le Suit No.344 of 1994 decreeing the suit is set aside. The suit stands dismissed. Send down the lower Court's record immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 17. ...... J Shahidul Islam J Umme Hani Begum and ors……………..Defendant-Appellants. Vs. Ram Gopal Sarker and others…………….plaintiff-Respondents. Judgment August 13, 2008. Lawyers Involved: Mahbubey Alam with Md. Mozammel Hossain, Samarendra Nath Biswas and Mahmuda Par..Category: Property Law | Date: | Hits: 74
Barrister Mainul Hosein Vs. Md. Ali Hossain and another, 2010, 39 CLC (HCD)
....the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......r order or orders passed as this Court may seem fit and proper. 2. By the Rule issuing order dated 23-7-1995, all further proceedings of the said case were stayed. 3. The relevant facts found for disposal of the Rule are that the opposite party No.1 Md. Ali Hosein as complainant filed the a......the case in accordance with law. Send a copy of this judgment and order to the Court concerned for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 38.......arrister Mainul Hosein……………………….Accused-petitioner. Vs. Md. Ali Hossain and another……………………………... Opposite parties. Judgment February 18, 2010. Lawyers Involved: Hasan MS Azim, Advocate-For the Petitioner. Abdur Razaque Khan with Md. Nesa..Category: Labour and Industrial Law | Date: | Hits: 147
Tofail Ahmed Vs. Chairman, Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ......ollows: The petitioner is a citizen of Bangladesh. He was elected Member of Parliament from two constituencies in Bhola in the general elections held in June, 1996. Anyway, he became the Minister for Commerce and Industries in 1996 and continued to be so till 1998 when the Ministry of Commerce w......copy of this judgment be immediately transmitted to the respondent No.1 for information and necessary action. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 33; 15 MLR (HCD) (2010) 177. ...... 145; Zennat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer, 55 DLR 457; Messrs Hamidia Oil Mills Vs. District Anti-Corruption Officer Chittagong, 1996 BLD (AD) 220 =2 BLC (AD)78. Lawyers Involved: Rokanuddin Mahmud with Mohammed Mutahar Hossain, Advocates - For the Petitioner..Category: Anti-Corruption Laws | Date: | Hits: 200
Mahabub Alam Faruq (Md.) and another Vs. Bangladesh, 2009, 38 CLC (HCD)
....nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......respondents as to why they should not be directed to mutate the names of the petitioners in the records of right by opening a separate Khatian in their names and to receive rents from the petitioners for .06 (point Zero Six) acres of land of CS khatian No.71 CS Plot No.971 SA plot No.274A Hal plot N......nts are further directed to inform this Court about the compliance thereof within 45 days from the date of the receipt of this judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 31.......bub Alam Faruq (Md.) and another……………….Petitioners Vs. Bangladesh, represented by the Secretary, Ministry of Land and others..........Respondents. Judgment August 17, 2009. Lawyers Involved: Md. Abdul Haque, Advocate - For the petitioners. ARM Hasanuzzaman Assistant ..Category: Property Law | Date: | Hits: 69
Saroj Kumar Sarker and others Vs. Manoj Kumar Sarkar, 2007, 36 CLC (HCD)
.... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......udgment Siddiqur Rahman Miah J.- This application under section 24 of the Code of Civil Procedure originates out of First Appeal No.15 of 1988 which also arises from Partition Suit No.64 of 1986 before this court is also arises out of title suit No.96 of 1984 in the court of Munsif, Manikgonj. ...... Manikgonj is withdrawn and transferred 1othis Court for hearing along with the First Appeal No.15 of 1988 analogously. Communicate. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 25.......……….Opposite Party. Judgment February 5, 2007. Cases Referred to- Ayesha Vs. Daleep A 1961 Raj 186, Geyer Vs. GA 1949 L 34; Rosamma Joseph Vs. PC Sabastian, AIR 1996 Kerala 113. Lawyers Involved: Mahbubey Alam with Samarendra Nath Biswas, Advocates – For the Petitioners. ..Category: Property Law | Date: | Hits: 68
Akbar Khan (Md.) Vs. Anti-Corruption Commission and others, 2010, 39 CLC (HCD)
....ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20....... source of income of the petitioner and his dependents (Annexure-D) should not be declared to have been passed without lawful authority and is of no legal effect. 2. The facts of the case relevant for disposal of this Rule, in brief, are that the petitioner was the Kanango of Land Acquisition Dep......ngs, the Rule is made absolute without any order as to costs. Let a copy of this judgment be communicated to the Chairman of the ACC. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 20.......s Referred To- Habibur Rahman Molla Vs. State, 61 DLR 1; Anti-Corruption Commission Vs. Sheikh Hasina Wazed, 60 DLR (AD) 172; Government of Bangladesh Vs. lqbal Hasan Mahmood, 60 DLR (AD) 147. Lawyers Involved: Rafique-ul Huq, Senior Advocate with Md. Mizanul Hoq Chowdhury, Md. Hasan Rajib..Category: Anti-Corruption Laws | Date: | Hits: 154
Bangladesh Road Transport Corporation Vs. Ashraf Jute Mills Ltd., 1991, 20 CLC (HCD)
....estricted or barred either under that law which gives it original jurisdiction, or by or under the provisions of the Constitution itself or by any supra‑constitutional legislation, like Martial Law Proclamations, Martial Law Regulations, Orders, etc. Article 152 of the Constitution gives the follo......Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction Purchaser. MH Khondker, Advocate ‑ For former Managing Director. Syed Wali Md. Salehuddin, Advocate ‑ Official Liquidator. AKM Na......urt can be restricted or barred either under that law which gives it original jurisdiction, or by or under the provisions of the Constitution itself or by any supra‑constitutional legislation, like Martial Law Proclamations, Martial Law Regulations, Orders, etc. Article 152 of the Constitution giv...... Company Cases 26; 28 Company Cases 216; 34 Company Cases 151; 42 Company Cases 96; 40 Company Cases 1065, MK Ranganathan & another Vs. The Government of Madras and others, AIR 1955 (SC) 604. Lawyers Involved: Rafique‑Ul-Huq, Advocate ‑ For Auction Purchaser. MH Khondker, Advocat..Category: Company Law | Date: | Hits: 193
Nowazullah and another Vs. Waz Khatun & another, 1990, 19 CLC (HCD)
.... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......er Appeal No.3 of 1980 reversing the judgment and decree passed by the Munsif, 4th Court, Patiya in Other Suit No.17 of 1975. 2. The plaintiffs filed Other Suit No.17 of 1975 against the defendant for reconveyance of kabala in their favour on the allegations, inter alia, that the plaintiff No.1 s...... reconveyance. In the result, the Rule is discharged but without any order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 279.......q Mia Vs. State, PLD 1958 Dhaka 341; Azmat Ullah Khan Vs. Shiam La, AIR 1947 Allhabad 411; Faizul Hoque Vs. Noor Meah, 12 DLR 770; Ahsanullah Chowilhury Vs. Haji Abdul Jabbar Chowdhury, 9 DLR 543. Lawyers Lawyers: M Fazlul Karim ‑ For the Petitioners. Shahabuddin Faiz and Maqbul Ahmed Adv..Category: Property Law | Date: | Hits: 57
State Vs. Giasuddin and 5 others, 1990, 19 CLC (HCD)
....r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267.......dul Kasem, Keyamuddin, Kalazi, Sona Mia, Yakub Ali, Elim, Sabur, Nurul Islam @ Nur Islam, Seraj son of Matbar Ali, Abdul Huq, Alfaz, Hamid, Malik and Majid along with others were placed under trial before the Additional Sessions Judge, Kishoreganj in Sessions Case No.21 of 1987 and have been found g......r Jail Code as the conviction of death sentence is altered to that of under section 304‑Part‑1 from sections 302/149 of Penal Code. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 267....... Decision, 1953, Federal Court Page 317; Inayatullah and another Vs. State, 1966 PLD (Lah) 8; Syed Ali Vs. Nibaran Mullah, PLD 1962 (SC) 502; NLR 1984 C 321; PLD 1985 (Lah) 33; 1969 SUR 454, 1977. Lawyers Involved: Serajul Huq Advocate, with Mansurul Hoque Chowdhury Advocate, and ABM Gholam Ma..Category: Criminal Law | Date: | Hits: 111
Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)
....ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......is Court may seem fit and proper. At the time of issuance of the Rule all further proceeding of the said case was stayed pending hearing of the Rule. 2. Facts in short as stated in the application for quashing are as follows: That the accused petitioner is one of the permanent directors and is......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263.......pposite Parties Judgment November 19, 1992. Cases Referred To- Farruk Ahmed Vs. Abdul Kader Chowdhury and another, 38 DLR (AD) 18; Mrs. Saleha Khatun Vs. The State, (1987) 39 DLR, 109. Lawyers Involved: Dr. Rafiqur Rahman with Sirajur Rahman Advocates ‑ For the Petitioner. Not..Category: Criminal Law | Date: | Hits: 88
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