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Khorshed Alam (Md.) Vs. Government of the Peo­ple's Republic of Bangla­desh represented by the Secretary, Ministry of Home Affairs, 2004, 33 CLC (HCD)

.... Cases Referred to- Md. Anowar Hossain on behalf of detenu Chittaranjan Guha Vs. State, 29 DLR 15; Calcutta Dock Labour Board and others Vs. Jaffar Imam, AIR 1966 (SC) 282; Habiba Mahmood Vs. Bangladesh, 45 DLR (AD) 89. Lawyers Involved: Kazi A Hakim, Advocate‑For the Petitioner. Md. A......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32.......­ Jail, should not be brought before this Hon'ble Court so that it may satisfy itself that he is not being detained without lawful authority or in an unlawful manner and/or pass such other or further order or orders passed as to this Court may seem fit and proper. 2. The detenu was arrested on 30......ngla, District Bagerhat, now detained in Bagerhat district jail, be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 57 DLR (2005) 32...

Category: Criminal Law | Date: | Hits: 64

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

.... AKM Haroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908)......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ...... & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Order VII rule 11(c)(d)......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ..

Category: Civil Law | Date: | Hits: 68

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

....rt High Court Division (Special Original Jurisdiction) Present: Md. Hamidul Haque J Zinat Ara J Wahiduzzaman (Md.)……………….........Petitioner Vs. Government of Bangladesh & others.............Respondents Judgment May 13, 2003. Cases Referred to- Ab...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ......If we consider the whole section, it will be apparent that the purpose of the provision itself will be frustrated if the Government is not given the power to specify the area of a Nikah Registrar. In order to appreciate the meaning and application of the section the same is reproduced below: 4. N...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..

Category: Civil Law | Date: | Hits: 79

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

....ion. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ......e. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑5‑1998, passed, by the learned Sessions Judge, Lalmonirhat, in Sessions Case No. ......n. Send down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 21. ..

Category: Criminal Law | Date: | Hits: 76

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....ssed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners namely, Abdul Rahman Dhali, Emdadul Huq Afsar, Md. Ahsanullah Khan and Md. Nurul Islam Maloni filed an application to the higher au......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ...... No. 25 of 1992 corresponding to Hizla Police Station Case No. 3 dated 29‑7‑1992, now pending in the Court of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..

Category: Criminal Law | Date: | Hits: 85

Abdus Sattar Pramanik (Md) and another Vs. State and another, 2003, 32 CLC (HCD)

....ase No. 7588 of 2000. Judgment Md. Imman Ali J. - This Rule arises out of an Criminal Procedure calling upon the opposite party to show cause as to why the proceedings of GR Case No. 403/2000 (Sadar) corresponding to Bogra PS Case No. 15 dated 5‑5‑2000 now pending in the Court of Magistrat......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453.......on report named accused persons under sections 467/468/471/34 of the Penal Code whereupon the learned Magistrate 1st Class, Cognizance Court, 'Ka' Area, Bogra, accepted the charge-sheet. Against that order the petitioners filed that application under section 561A of the Code of Criminal Procedure. ......r of stay granted at the time of issuance of the Rule is hereby recalled. Communicate a copy of this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 453...

Category: Criminal Law | Date: | Hits: 62

Fazlur Rahman (Md) Vs. Md. Abdul Hamid, Advocate and others, 2002, 31 CLC (HCD)

....acated his seat as a Member of the Eighth Parliament. 2. Mr. Khan Saifur Rahman, the learned Advocate, appeared on behalf of the writ petitioner. The petitioner claims that he is a citizen of Bangladesh and he has filed this writ petition under Article 102(2)(b)(ii) of the Constitution, From the ...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448.......other hand, it has been argued on behalf of respondent No. 3 that sub-rule (3) is in no way inconsistent with the provisions of Article 148 read with the Third Schedule of the Constitution. Again, in order to appreciate the arguments of both the parties, we may reproduce Article 148 and also the rel...... taken in this writ petition. So, the Rule is liable to be discharged. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 56 DLR (2004) 448...

Category: Constitutional Law | Date: | Hits: 242

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

.... High Court Division (Special Original Jurisdiction) Present: Syed Mahmud Hossain J Tariq‑ul Hakim J Hafez (Md.) Bazlur Rahman and others ..................Petitioners Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others ........2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444.......sidered violative of the fundamental rights guaranteed under the Constitution, 6. Heard the learned Advocates of the parties, perused the Writ Petitions and their Annexures along with the impugned order. 7. Section 4 of the Muslim Marriages and Divorces Registration Act, 1974 is as follows: ......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444...

Category: Civil Law | Date: | Hits: 70

Abdus Salam (Md) Vs. University of Rajshahi & others, 2004, 33 CLC (HCD)

....n Chowdhury J Abdus Salam (Md) ......................Petitioner Vs. University of Rajshahi & others……………..Respondents Judgment January 7, 2004. Result: The Rule is made absolute. Lawyers Involved: Md. Kamruzzaman, Advocate- For the Petitioner. Abdus Samad ......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ......No. 3397 of 2001. Judgment ABM Khairul Haque J. - This Rule Nisi was issued at the instance of one Md Abdus Salam, calling upon the University of Rajshahi and others to show cause as to why the order of dismissal (Annexure N (1) to the petition) dated 7‑5‑2001 under the signature of respon......erty to proceed against the petitioner in accordance with law. In the result, this Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 441. ..

Category: Employment/Service Law | Date: | Hits: 60

Padma Oil Co. Ltd. Vs. Registrar of Trade Unions & another, 2003, 32 CLC (HCD)

.... Ed. This Case is also Reported in: 56 DLR (2004) 438. ......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ......orney General ‑ For Respondent No. 1. Writ Petition No. 5905 of 2001. Judgment Salma Masud Chowdhury J. - This Rule Nisi was issued calling upon the respondents to show cause as to why the order contained in the impugned letter No. RTU/CAB (539)/2001/699 dated 9‑9‑2001 issued by the R......he prayer of the petitioner for cancellation of registration of respondent No.2 Trade Union (respondent No. B‑48) in accordance with law. Ed. This Case is also Reported in: 56 DLR (2004) 438. ..

Category: Labour and Industrial Law | Date: | Hits: 158

Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)

.... the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......3 of 1991 (Dhaka) Criminal Appeal No.87 of 1986 (Rangpur) Judgment Muhammad Ansar Ali J.- This appeal at the instance of the appellant Rajab Ali Zulfikar is directed against the judgment and order dated 27.2.86 passed by Mr. Abu Bakar Miyanjee, Sessions Judge, Kurigram in Special Case No.1 ......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ..

Category: Criminal Law | Date: | Hits: 92

Afzal Hossain Vs. Chief Election Commis­sioner and others, 1992, 21 CLC (HCD)

...., Advocates - For the Petitioner. Writ Petition No. 4040 of 1992. Judgment Anwarul Hoque Chowdhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an order dated 22.10.92 Annexure ‘F’ passed by the Respondent Nos. 1 a...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ......ner. Writ Petition No. 4040 of 1992. Judgment Anwarul Hoque Chowdhury J.- This application under Article 102 of the Constitution of the People's Republic of Bangladesh is directed against an order dated 22.10.92 Annexure ‘F’ passed by the Respondent Nos. 1 and 2 namely Justice MA Rouf, ...... act for the same avowed purpose of free and fair election. We find no illegality in the order and hence the petition is rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 701. ..

Category: Election Law | Date: | Hits: 153

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....shal Jamaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangla­desh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps ......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ......t the relevant time, did his part in good faith to the best of his professional ability in due discharge of his duties as the Air Chief, as such, the said case was filed with false allegation only in order to harass and humiliate the petitioner and others. The learned Advocate further submits that t......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..

Category: Employment/Service Law | Date: | Hits: 148

Mozibar Rahman Molla (Md) and another Vs. Rehazuddin and others, 2003, 32 CLC (HCD)

.... Rahman Molla (Md) and another……………Petitioners Vs. Md Rehazuddin and others………………………………Opposite Parties Judgment May 20, 2003. Result: The Rule is made absolute. Case Referred to- Aziz Ahmed Khan Vs. IA Patel, AIR 1974 (AP) 1. Lawyers Invo......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427.......der section 115(1) of the Code of Civil Procedure, was issued at the instance of the pre-emptees as petitioners, calling upon the pre­emptor opposite parties to show cause as to why the judgment and order dated 21‑5‑2000 passed by the learned Subordinate Judge, Additional Court, Narayanganj in ......ons made in this judgment. Send down a copy of this judgment along with the Lower Courts Record to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (2004) 427...

Category: Property Law | Date: | Hits: 98

Ziaul Hoque alias Bakul Vs. Md Sirajul Islam and others, 2002, 31 CLC (HCD)

....ah J Ziaul Hoque alias Bakul…………………………Petitioner Vs. Md Sirajul Islam and ors ………………Opposite Parties Judgment March 19, 2002. Result: The Rule is made absolute. Cases Referred to- Hari Prasad Mulshankar Trivedi Vs. VB Raju and others, AIR 19...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ......dvocates ‑ For the Opposite Parties. Civil Revision No.3207 of 1999. Judgment MA Wahhab Miah J.- This Rule issued calling upon the opposite parties to show cause as to why the judgment and order dated 26‑8‑99 passed by the District Judge, and Election Appellate Tribunal, Brahmanbaria ...... election for the post of Chairman of No.15 North Ichapur Union Parishad immediately in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 424. ..

Category: Election Law | Date: | Hits: 156

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

.... competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ......at the petitioner was informed regarding the flood situation in 1998 and after receiving ­information the respondent appointed Messrs Engineers Survey Associates and Rupali Surveys for inspection in order to ascertain the loss and damages of the petitioner's property and the surveyors after inspect......ed without any order as to costs. The petitioner may, however, make their claim before the competent civil Court in terms of the policy. Ed. This Case is also Reported in: 56 DLR (2004) 422. ..

Category: Company Law | Date: | Hits: 168

KM Fazlul Haque Vs. Chairman, Bangladesh Agricultural Development Corporation and another, 1996, 25 CLC (HCD)

....t Division (Special Original Jurisdiction) Present: KM Hassan J Md. Fazlul Haque J KM Fazlul Haque…………………………………………..Petitioner Vs. Chairman, Bangladesh Agricultural Development Corporation and another....................................................tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ...... the petitioner. MA Sobhan, Advocate-For the Respondents. Writ Petition No. 51 of 1991. Judgment KM Hassan J.- This Rule Nisi was issued calling upon the respondents to show cause why the order passed under Memo No. 4 Sangsthapan‑26/80‑81/49 (48), dated 2‑1‑82 (Annexure-K) the si......tainable, we do not think it is necessary to consider other grounds. In the result, the Rule is discharged with no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 27. ..

Category: Criminal Law | Date: | Hits: 78

Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)

....ng from 28‑2‑1981. On the expiry of the said period, a further agreement was executed for a period of another 5 years with effect from 1‑3‑1986 at a rent of Taka 8,000.00 per month payable in advance within 7th day of each calendar month. The defendant No.1 agreed under clause 7 of this agre...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ......ises with the knowledge and consent of the plaintiff No.2 and that defendant No.2 has been carrying on his business of Travel Agency therein in the name of Arabian World Aviation Private Ltd. That in order to record the consent of the plaintiff No.2 a rent receipt for the month of February 1989 was ...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ..

Category: Property Law | Date: | Hits: 65

Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)

....discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ......er No.20 of 1996 with Civil Revision No.250 of 1991. Judgment Mohammad Fazlul Karim J. - The first miscellaneous Appeal under section 35(3) of the Waqf Ordinance, 1962 arises out of an order dated 21‑10‑95 passed by the Additional District Judge, 1st Court, Sylhet in Miscellaneous......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ..

Category: Trust/Waqf Law | Date: | Hits: 165

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....ner Vs. Justice Shahabuddin Ahmed and others......................Respondents Judgment August 19, 1996. Result: The Rule is discharged. Cases Referred to- Farid Mia Vs. Md. Amjad, 42 DLR (AD), 13; Wares Miah Vs. The People's Republic of Bangladesh, 41 DLR 56; Kazi Moklesur Ra...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ......on it prima‑facie appears to be a writ of quo warranto under Article 102(2) (b) (ii) of the Constitution. Article 102(2)(b)(ii) provides that on the application of any person this Court may make an order requiring a person holding or purporting to hold a public office to show under what authority ...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..

Category: Constitutional Law | Date: | Hits: 200