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M R Sikder Vs. Bangladesh Water Development Board, 1996, 25 CLC (HCD)
....resent: Mahmudul Amin Choudhury J M Bazlur Rahman Talukder J M R Sikder………………………………………………………………………………….Petitioner Vs. Bangladesh Water Development Board…………………………………….Opposite Party Judgment ......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ......nal Attorney-General-For the Opposite Party. Civil Revision No. 2766 of 1994. Judgment Mahmudul Amin Choudhury J. - This Rule was issued calling upon the opposite party to show cause why the order Date 29-6-94 passed by the Subordinate Judge, 3rd Court, Dhaka in Title Suit No.284 of 1993 sh......s application. The Rule is accordingly discharged without any order as to costs. The order of stay passed earlier is hereby vacated. Ed. This case is also Reported in: 49 DLR (HD) (1997)113. ..Category: Alternative Dispute Resolution | Date: | Hits: 245
Mohsin Hossain (Md.) Vs. Government of the People's Republic of Bangladesh, 1996, 25 CLC (HCD)
....wful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ......investigation or enquiry in the said notice we are of the view that the same has been issued by the respondent No.4 in an unauthorised manner. In the result, the Rule is made absolute without any order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful a...... order as to cost. Impugned notice dated 22-7-95 is declared to have been issued without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 112. ..Category: Criminal Law | Date: | Hits: 60
....)
Present:
KM Hasan J
Md. Fazlul Haque J
Jobon Nahar and others……………………………………………………………………………………Petitioner
Vs.
Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the peo......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
......dency of the aforesaid settlement case the predecessor of the petitioners died on 15-4-89 living behind the petitioners as the legal heirs.
5. The learned Court of Settlement by its judgement and order dated 27-2-94 rejected the application for being hopelessly barred by limitation as it was fil......96 under the heading ‘Khulna District’ Serial No.246, page 9764(32) is passed without lawful authority and is of no legal effect.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 108.
..
Category: Limitation Law | Date: | Hits: 175
.... term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
......sity of Engineering and Technology (BUET) calling upon the respondents, Director of Students Welfare and Member‑Secretary, Vice Chancellor and the University itself to show cause as to why impugned order dated 16‑8‑95 (Annexure‑C) taking disciplinary action against the petitioner should not ......ct and cancellation of his examination in plan 211 of the first term of 1992‑93 i.e. level II term I of session 1992‑93 is upheld.
Ed.
This Case is also Reported in: 49 DLR (HD) (1997) 104.
..
Category: Civil Law | Date: | Hits: 85
Dr. Ahmed Sharif Vs. State and another, 1994, 23 CLC (HCD)
....urt, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ......ed duly empowered an Advocate of the High Court Division of the Supreme Court of Bangladesh to go to Gopalgonj and appear on his behalf on 5-9-93 but before he could reach the Court, a 3rd summon was ordered to be issued directing the accused petitioner to appear either personally or through his law......a. Communicate this order to the Chief Metropolitan Magistrate, Dhaka and Sadar Magistrate Court, Gopalganj for compliance at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 100. ..Category: Criminal Law | Date: | Hits: 70
Nuru Miah and another Vs. State, 1996, 25 CLC (HCD)
....is that P.W.1 ASI of police Abdul Halim Mia was entrusted with the investigation of Rupganj PS Unnatural Death Case No.11 dated 29-9-88 and accordingly he went to village Bagdi, held autopsy on the dead body of deceased Nasiruddin and having found marks of injuries on the dead body sent the same to ......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ......ocate-For the Appellants. AQ Rashid Ahmed, Assistant Attorney-General-For the State. Criminal Appeal No.875 of 1990. Judgment MA Aziz J. - This appeal is directed against the judgment and order of conviction and sentence passed in Sessions Case No.38 of 1989 by the learned Sessions Judge......t the appellants are set aside. Let the accused appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This case is also Reported in: 49 DLR (HD) (1997) 97. ..Category: Criminal Law | Date: | Hits: 56
Golam (Md.) Abdul Awal Sarker and others Vs. State, 1996, 25 CLC (HCD)
....………..Petitioners Vs. State……………………………………………………………………………Opposite Party Judgment January 29, 1996. Result: The Rule in made absolute. Case Referred to- Abut Basher Vs. State 47 DLR 521. Lawyers Involved: Md. ......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ......During enquiry it was detected that the petitioner No.1 was the owner of only 3‑3/4 kathas of land and that petitioner No.1 created 9(nine) forged documents in collusion with the petitioner No.2 in order to cheat the general public. Thereafter with the help and aid of the petitioner No.3, Senior T......th Court, Dhaka, is quashed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 95. ..Category: Criminal Law | Date: | Hits: 105
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....wn to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......াদীর অংশে দিয়া বাদীকে গোলাভাগের প্রাথমিক ডক্রী দিবার আজ্ঞা হয়”। 10. It appears from the order sheet of the trial Court that trial was closed on 25‑11‑77 and 26‑11‑77 was fixed for ......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....….Petitioner Vs. Arif Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; A......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89....... - This Rule at the instance of the defendant-petitioner under section 25 of the Small Cause Courts Act was issued calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑5‑92 passed by the Senior Assistant Judge, Sadar, Comilla in SCC Suit No.10 of 19......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89...Category: Property Law | Date: | Hits: 59
Sharifuddin (Md.) Vs. Md. Mofizuddin Sarker and others, 1994, 23 CLC (HCD)
....1 filed Election Petition case No.6 of 1992 before the Election Tribunal, Mymensingh against the petitioner and opposite party Nos.2‑8 for declaration that the election of No.8, Deogaon Union Parishad Under PS Muktagacha for electing Chairman held on 1‑2-92 was void on the allegations, inter ali......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ......ner. Habibul Islam Bhuiyan with MA Khaeque, Advocates‑For the Opposite Party No.1. Civil Revision No.1653 of 1993. Judgment AM Mahmudur Rahman J. - This Rule is against the judgment and order of reversal of the lower appellate Court in an election petition case directing re‑election.......s. The authority concerned is directed to take expeditious step for holding re-election in view of the term office of the chairman. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 86. ..Category: Election Law | Date: | Hits: 148
Md. Shamsul Alam Vs. Kanak Chandra Shome and another, 1978, 7 CLC (AD)
....for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150.......nvolved: Aminul Huq, Advocate-on-Record - For the Petitioner. Not represented - For the Respondent. Criminal Petition for Special Leave to Appeal No. 70 of 1978. (From the judgment and order dated 18-1-1978 passed by the High Court Division in Criminal Reference No. 250 of 1977) ......nd that was the observation of the High Court as well. No interference is, therefore, called for and the leave petition is dismissed. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 150...Category: Criminal Law | Date: | Hits: 69
....e released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
......special leave was obtained by the appellant on behalf of detenu Nim Chandra Bhowmik@ Nirmal Chandra Bhowmik and arises out of a writ petition in the High Court wherein the detenu's challenge to his order of detention passed by the Government on 27th August, 1976 under rule 5(1) of the Emergency Po......on is without lawful authority and the detenu is being held in unlawful custody. It is directed that the detenu be released forthwith.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 145.
..
Category: Criminal Law | Date: | Hits: 103
Humayuun@ Humayun Bepari Vs. The State, 2011, 40 CLC (HCD)
.... Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ...... Appellant. Md. Ensanuddin Sheikh, Assistant Attorney General with Nurul Islam Matubbor, Assistant Attorney General - For the State. Criminal Appeal No. 899 of 1999 (Against the judgment and order of conviction and sentence dated 8.3.1999 passed by the Sessions judge, Chandpur in Session Ca......r more. (2) The convict-appellant is entitled to get the benefit of Sub-Section (1) of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 307. ..Category: Criminal Law | Date: | Hits: 112
Sk. Helal Uddin and another Vs. State, 2010, 39 CLC (HCD)
....ti-Corruption Commission Act, 2004 and sentencing him thereunder to suffer simple imprisonment for 3 years and further convicting him under section 27(1) of the Anti-Corruption Commission Act, 2004 read with section 5(2) of the Prevention of Corruption Act, 1947 and sentencing him thereunder to suff......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ...... Md. Khurshid Alam Khan - For the Anti-Corruption Commission. Kazi M. Ejarul Haque, Deputy Attorney General - For the Respondent. Criminal Appeal No. 2940 of 2010 (Against the judgment and order of conviction and sentence dated 24.2.2008 passed by the Special Judge, 6"1 Court, Dhaka in Sp......ective appellants. The office is directed to send down the L.C. Records immediately. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 286, 16 BLC (HCD) (2011) 444, 8 LG (2011) HCD 342. ..Category: Criminal Law | Date: | Hits: 108
.... Ltd., 1942 A.C. 337; Gayn Electric Supply Co. Ltd., Vs. State of Bihar, A.I.R. 1953 S.C. 182; The Printers (Mysoro) Private Ltd., Vs. Pothan Jeseph, A.I.R. 1960 S.C. 1156.
Lawyers Involved:
Ahmad Sobhan, Senior Advocate, instructed by Aminul Huq, Advocate-on-Record – For the Appellants.
...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
...... No.7 of 1978.
(From the Judgment and Order dated 25-3-1977 passed by the High Court in F.M.A. No. 128 of 1977).
Judgment
Kemaluddin Hossain CJ.- This appeal by special leave arises from an order passed in a suit refusing to stay all further proceedings under section 34 of the Arbitration ...... stay. This is also a good ground for not granting stay of the suit.
For the foregoing reasons this appeal is dismissed with costs.
Ed.
This Case is also Reported in: 31 DLR (AD) (1979) 138.
..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abu Taleb Vs. State, 1988, 17 CLC (HCD)
....istant Sessions Judge, Sirajgonj in Sessions Case No.274 of 1981. 2. The prosecution case, in brief, is that the complainant-informant P.W.1 Mobarak Hossain was a driver. He started from Station Road Sirajgonj towards Bogra at 7-30 A.M. on 16.3.80 with the bus bearing No.3001 Bogra ‘EA’ of Sh......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239.......3001 Bogra ‘EA’ of Shetu Enterprise belonging to Nani Gopal Shaha of Sirajgonj with passengers and reached near Kutirchar Badraghat at about 8-30 P.M. when dacoits in the disguise of passengers ordered him to stop the bus. One dacoit set Pipe gun on the chest of the complainant; another set ......e set at liberty forthwith, if not wanted in connection with any other case. Let the lower Court records be sent down immediately. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 239...Category: Criminal Law | Date: | Hits: 84
Sirin Begum Vs. District Magistrate & another, 1989, 18 CLC (HCD)
..................Respondents Judgment February 7, 1989. Result: The application is allowed. Cases Referred to- Abdul Latif Mirza, 31 DLR (AD) 1; Iftekhar Ahmed Vs. Government of Bangladesh, BLD (1988) 157= 40 DLR 18; Government of East Pakistan Vs. Roushan Bijaya Shaukat Ali Khan, 1......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ......as necessary to detain him with a view to preventing him from doing any prejudicial act within the meaning of Section 2(f)(iii)(iv)(v)(vi)(vii) and (viii) of the Special Powers Act. Thereafter, by an order bearing No.4838 H.M. (Security-1) dated 16.5.87 the Government extended the period of detentio......arter), P.S. and District Lalmonirhat be set at liberty from Jail custody forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 235. ..Category: Criminal Law | Date: | Hits: 66
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
....in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ......omary right is with regard to the entire property belonging to the defendants. The defendants have to be restrained from making constructions in the bazar area or compelled to dig the tank further in order to maintain customary right of the plaintiff. This also militates against the sense of reasona......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ..Category: Property Law | Date: | Hits: 58
Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)
..................Appellants Vs. Sona Miah & others.......................Respondents Judgment September 23, 24, 1986. Result: The appeal be allowed. Cases Referred to- Kalipada Roy Vs. Mukunda Lal, 34 CWN 131 Section 36; 7 DLR 94, 16 DLR 287 (SC), 6 DLR 539, 23 DLR 99. ......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......elow is not supported. There is no evidence to hold that Kumud Ranjan and Sarada Ranjan De were in possession of the suit land at the lime, the auction sale took place. From the certified copy of the order sheet of Certificate Case No. 6244 of 1962-63 which is marked Ext D (1), it appears that the n......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223...Category: Property Law | Date: | Hits: 66
Sultan Ahmed Vs. Golam Mostafa alias Dulal and others, 1987, 16 CLC (HCD)
....he records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219........ 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219....... Parties. Criminal Revision Case No. 38 of 1986. Judgment AKM Sadeque J.- This Rule obtained under Section 439 and 435 of the Code of Criminal Procedure is directed against the judgment and order purported to have been passed on 31.9.85 by Mr. M.A. Mannan Miah, Magistrate 1st Class, Sadar,....... 2,000/- each to the Magistrate concerned for keeping peace for a period of one year from this date. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 219...Category: Criminal Law | Date: | Hits: 70
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