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Tozammel Hossain Vs. Fatema Khatun and others, 1991, 20 CLC (HCD)

....n J Tozammel Hossain………………………Petitioner Vs. Fatema Khatun and others………………………Opposite Parties Judgment February 11, 1991. Result: The Rule is made absolute. Cases Referred to- Mir Delwar Hossain Vs. Mirza Joynal Abedin Mokhtar, 29 DLR 21......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ......ration of war between Pakistan and India in September, 1965 the opposite‑party became enemy citizen and no suit can be proceeded with at his instance by an application and the learned Munsif by his order dated 27.12.65 returned the plaint and the suit was withdrawn. Against that order the opposite......as added party under Order 1 rule 10(2) CPC. In view of the aforesaid discussion, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 697. ..

Category: Property Law | Date: | Hits: 49

Siraj Mal and others Vs. State, 1992, 21 CLC (HCD)

....w expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ......20 of 1989 (Comilla) Criminal Appeal No. 654 of 1990 (Dhaka) Judgment Muhammad Ansar Ali J.- This appeal under section 30 of the Special Powers Act, 1974 is directed against the judgment and order dated 29.12.88 passed by the learned Sessions Judge and Ex‑officio Special Tribunal No.1, Ch...... earlier granted by this Court be discharged from his bail bond. Let the LC Records be sent down to the Court below expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 688. ..

Category: Criminal Law | Date: | Hits: 69

Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)

....scharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ....... Judgment Mainur Reza Chowdhury J.- At the instance of the petitioner Md. Wahiduzzaman a Rule Nisi was issued in Writ Petition No.54 of 1988 calling upon the respondents to show cause, why the order dated 7.12.86 (Annexure D) and the subsequent order dated 10.1.88 (Annexure H) issued by Secre......uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ..

Category: Employment/Service Law | Date: | Hits: 116

Mobarak Ali (Md.) alias Mobarak Ali Mondal Vs. Bangladesh, 1997, 26 CLC (HCD)

....urisdiction) Present: Mainur Reza Chowdhury J M A Aziz J Mobarak Ali (Md.) alias Mobarak Ali Mondal………………….Convict-Petitioner (In Jail) Vs. People’s Republic of Bangladesh, represented by the Secretary, Ministry Home Affairs, Bangla Secretariat, Dhaka & other…......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ......iz J.- This Rule Nisi on an application under Article 102 of the Constitution of the People’s Republic of Bangladesh was issued calling upon the respondents to show cause as to why the judgment and order of conviction dated 28-9-1978 passed by Special Tribunal No. 3 and Additional Sessions Judge, ......of Raisuddin Mondal of Village Bhadaikandi, PS and District Bogra be released at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 10. ..

Category: Criminal Law | Date: | Hits: 79

Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

....ischarged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......e instance of the petitioner MEB Steel Complex Limited calling upon the respondent to show cause in the aforesaid terms for rejecting petitioner’s claim for refund of Taka 63,67,503.00 vide similar order dated 7-3 (Annexure-H). Both the Rules having involved common question of law these are being ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..

Category: Fiscal/Taxation Law | Date: | Hits: 164

Mirza Ashfaque Hossain and anoth­er Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)

....: VIII ADC (2011) 831. ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......e, Advocate instructed, by Md. Shamsul Alam, Advocate -on-Record-For respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 2311 of 2010 and 803 of 2011. (From the judgment and order dated 25.04.2010 passed by the High Court Division in Writ Petition No.772 of 2010) Order ......্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ..

Category: Others | Date: | Hits: 153

Government of Bangladesh Vs. Mahabbat Ali and others, 2011, 40 CLC (AD)

....n: VIII ADC (2011) 828. ......e is other sufficient reason warranti­ng review of this judgment and order. In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ......or the Petitioners. Nur Hossain Chowdhury, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Respondents. Civil Review Petition No. 145 of 2010. (From the judgment and order dated 12.03.2009 passed by this Division in Civil Petition for Leave to Appeal No.799 of 2008.......e is other sufficient reason warranti­ng review of this judgment and order. In the circumstances this review peti­tion is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 828. ..

Category: Property Law | Date: | Hits: 58

Afzal Miah and others Vs. Abdul Halim Gazi and others, 2011, 40 CLC (AD)

....and in June, 2010 it was detected that about 400 families of "Abason Project Nos.1 and 2" estab­lished by the then Government on the land of Uttar Kistakathi under Ward No.7 of Ponabalia Union Parishad have been enjoying the facilities of Jhalokathi Pourashava though the 'Abason Project Nos.1 and 2......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ......cted by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.3. Not represented- For Respondent Nos. 2 & 4-9. Civil Petition for Leave to Appeal No. 463 of 2011. From the judgment and order dated 23.1.2011 passed by the High Court Division in Writ Petition No.9506 of 2010.) Judgme......as per voter list published including those 672 voters of Uttar Kistakathi. This petition is disposed of with the above observations. Ed. This Case is also Reported in: VIII ADC (2011) 824. ..

Category: Election Law | Date: | Hits: 172

Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)

....l of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......itioner. (In Civil Petition No.1891 of 2010.) None represented-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1847 and 1891 of 2010. (From the judgment and order dated the 12th and 13th day of April, 2.010 passed by the High Court Division in Writ Petition......osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ..

Category: Constitutional Law | Date: | Hits: 219

State Vs. Maruf Raihan, 2011, 40 CLC (AD)

....upreme Court Appellate Division (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Md. Shamsul Huda J The State......................asis of materials with the record. With the above observation and direc­tion this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897.......ifia Khatun, Advocate-on-Record- For the Petitioner. Mvi. Md. Wahidullah, Advocate-on-Record-For the Respondent. Criminal Petition for Leave to Appeal No. 332 of 2011. (From the judgment and order dated 24.04.2011 passed by the High Court Division in Criminal Miscellaneous Case No.34188 of ......asis of materials with the record. With the above observation and direc­tion this criminal petition for leave to appeal be disposed of. Ed. This Case is also Reported in: VIII ADC (2011) 897...

Category: Information Technology Law | Date: | Hits: 285

Mizanur Rahman (Md.) alias Mija alias Mizan Vs. State, 1997, 26 CLC (HCD)

....the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ....... Criminal Appeal No.464 of 1993. Judgment Md. Hassan Ameen J. - This criminal appeal at the instance of the accused appellant Mizanur Rahman @ Mija @ Mizan is directed against the judgment, order of conviction and sentence dated 30‑6‑92 passed by the Assistant Sessions Judge, Pirojpur ...... not wanted in connection with any other case. Send down the LC records, with a copy of the Judgment at once for doing the needful. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 83. ..

Category: Criminal Law | Date: | Hits: 80

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....s Appeal No.14 of 1995 allowing the prayer of the plaintiff opposite party Nos.1-2 for temporary injunction restraining the petitioners and opposite party No.3 (the Additional Secretary General, Bangladesh Sarak Paribahan Samity) from disturbing the management of the affairs of the executive committ......rder on 22-1-95 serving notice upon defendant-opposite parties asking them to show cause within 7 days as to why the order prayed for should not be granted, and in the meanwhile passed an order of ad interim injunction restraining the defendants from interfering with the working of the Executive Com......ties. Civil Revision No.1273 of 1995. Judgment M Bazlur Rahman Talukder J.- This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and order dated 22-3-1995 passed by the District Judge, Mymensingh in Miscellaneous Appeal No.14 of 1995......gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ..

Category: Civil Law | Date: | Hits: 85

Abdul Khaleque Vs. Abdur Noor and others, 1995, 24 CLC (HCD)

....by­ learned Munsif 1st Court, Sylhet in Miscellaneous Case No.76 of 1970 arising out of a an application for pre-emption under section 24 of the Non-Agricultural Tenancy Act, 1949. 2. The facts leading to the issuance of this Rule are that the petitioner instituted the said Miscellaneous Case un...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ......etitioner. BK Das, Advocate-For the Opposite Parties. Criminal Revision No.630 of 1981. Judgment Syed JR Mudassir Hussain J. - This revisional application arises out of the judgment and order dated 30‑5‑79 passed by the learned Subordinate Judge, 1st Court, Sylhet in Miscellaneous ...... agricultural land and section 96 of the Act is only available. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 74. ..

Category: Property Law | Date: | Hits: 52

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

.... court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ....... 1-6 for setting aside that decree dated 11‑6‑1991 passed in Rent Suit No.676 of 1941 and auction dated 16-91941 held in Rent Execution case No. 827 of 1941 and for declaration that judgment and order dated 7-3-42 passed in Miscellaneous Case No.275 of 1941 and judgment in Miscellaneous Case No......spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ..

Category: Property Law | Date: | Hits: 51

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....nd order dated 5‑3‑1990 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case No.43 of 1989 convicting three appellants namely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ......ddin, Advocates–For the Appellants. S B Barua, Advocate‑ For the State. Criminal Appeal No. 522 of 1990. Judgment Md. Fazlul Haque J.- This appeal is directed against the judgment and order dated 5‑3‑1990 passed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions ......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

Amjad Hossain and others Vs. State and another, 1995, 24 CLC (HCD)

....ed. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ...... Attorney General‑For the State. Criminal Revision No. 295 of 1989 Judgment Md. Hamidul Haque J. - This Rule at the instance of the accused petitioner is for setting aside the judgment and order dated 12‑8‑89 passed by the Sessions Judge, Rajshahi in Criminal Motion No.185 of 1988 of ......terfere with the same. In the result, the Rule is discharged and the order of stay stands vacated. Send back the LC records at once. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 64. ..

Category: Criminal Law | Date: | Hits: 82

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

....al Original Jurisdiction) Present: Naimuddin Ahmed J Md. Ruhul Amin J Muklesur Rahman (Md.)…………………………………………………Petitioner Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others………………………......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ......esur Rahman of No. 44, Lalchan Mukim Lane, police station Sutrapur, District Dhaka Central Jail has been called in question. 2. The detenu Md. Mamun Rana, was taken into custody in execution of an order of detention passed by the District Magistrate Dhaka on 2-5-95 under section 3(2) of the Speci......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ..

Category: Criminal Law | Date: | Hits: 105

Shamsul Haque (Md.) Vs. Bangladesh,1995, 24 CLC (HCD)

....Original Jurisdiction) Present: AM Mahmudur Rahman J KM Hasan J Shamsul Haque (Md.)........................................Petitioner Vs. Government of the People's Republic of Bangladesh, represented by the Secretary, Ministry of Disaster Management and Relief, Bangladesh Secretar...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ......cted. Lawyers Involved: Amjad Hossain, Advocate‑For the Petitioner. Writ Petition No. 2249 of 1995. Judgment AM Mahmudur Rahman J.-In this writ petition the petitioner challenges the orders of transfer dated 17‑10‑94, order dated 5‑11‑94, order dated 19‑1‑95, order dated...... want to address ourselves on merit of the case. In the result, the application is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 62. ..

Category: Administrative Law | Date: | Hits: 205

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

....usain J Abdur Rahman and others.....................Petitioners Vs. Abdus Sattar and others......................Opposite Parties Judgment February 19, 1995. Result: The Rule is made absolute. Lawyers Involved: A S Md. Ramzan Khan, Advocate‑For the Petitioners. Sufia....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......n, Advocate‑For the Opposite Party. Civil Revision No.2771 of 1992. Judgment Syed JR Mudassir Husain J. - This Rule under section 115 of the Code of Civil Procedure is directed against the order dated 9‑7‑92 passed by the learned Assistant Judge, Saturia (Sadar) Manikganj in Title Sui....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ..

Category: Property Law | Date: | Hits: 47

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....nal Revisional Jurisdiction) Present: Naimuddin Ahammed J Abu Sayeed Ahammed J Nasima Akhter (Papi)........................Petitioner Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs.......................opposite parties......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ......diary of the Kotwali police station under entry No.1326 dated 19‑10‑93 and on the basis of this entry in the general diary he was taken into custody and sent to Dhaka Central Jail. Thereafter, an order of detention under section 3(1)(a) of the Special Powers Act, 1974 was passed by the Governmen......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ..

Category: Criminal Law | Date: | Hits: 69