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Motin Gazi alias Motiar Rahman Vs. The State, 2011, 40 CLC (HCD)
....y to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque, J.- I agree. Ed. This Case is also Reported in: ......ubstance in the submission of the learned advocate for the petitioner and as such we are inclined to enlarge the petitioner on bail. We find merits in this rule. 8. In the result, the rule is made absolute. The petitioner Motin Gazi alias Motiar Rahman, son of Bacchu Gazi alias Bacchu Bepari may ..Category: Criminal Law | Date: | Hits: 51
Abul Kalam Bepari Vs. The State, 2011, 40 CLC (HCD)
.... cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. AKM Zahirul Hoque J.- I agree. Ed. This Case is also Reported in: ......, we find substance in the submission of the learned advocate for the petitioner and as such we are inclined to enlarge him on bail. We find merits in this rule. 8. In the result, the rule is made absolute. The petitioner Abul Kalam Bepari, son of Abdur Rashid Bepari may find bail on furnishing b..Category: Criminal Law | Date: | Hits: 52
Shah Abdul Hannan and others Vs. Bangladesh, 2010, 39 CLC (HCD)
....eople of national notoriety, filed the instant Writ Petition with a view to secure an order to prevail over the government to have an energy policy drafted through the Parliament. The Term of the Rule Their petition succeeded to engender a Rule in following terms: “Let a Rule Nisi iss......ls illegality, irrationality and procedural impropriety. 48. In M.P. Oil Extraction Vs. State of Madhya Pradesh (1997 7 SCC 592), the Indian Supreme Court expressed “unless a policy decision is absolutely capricious, unreasonable and arbitrary and based on mere ipse dixit of the executive auth..Category: Constitutional Law | Date: | Hits: 231
Thomarshu alias Majhi Vs. Bangladesh, 1999, 28 CLC (HCD)
....ABM Mahbub, Advocate, on behalf of Md. Marfat Ali, Advocate—For the Petitioner. None appeared—For the Opposite Party. Civil Revision No.7243 of 1991. Judgment Md. Abdur Rashid J.- The Rule (originally in Civil Revision No. 144 of 1986) was obtained on 03-03-86 by the petitioner in an...... Rule is liable to be discharged and accordingly, is discharged but without any order as to cost. Let the records of the case be sent down. Ed. This case is also Reported in: 52 DLR (2000) 516. ..Category: Property Law | Date: | Hits: 95
Rowshan Ali (Md.) Vs. State, 2000, 29 CLC (HCD)
....his bail bonds immediately to serve out the remaining portion of sentence imposed upon him. Send down the lower Court records immediately. Ed. This case is also Reported in: 52 DLR (2000) 510.......e independent, natural and probable witness having no animus against the accused person and they remained steadfast totally unshaken even in the face of shrewd and lengthy cross-examination. There is absolutely nothing on record to discredit the consistent and corroborative evidence of the most comp..Category: Criminal Law | Date: | Hits: 88
Begum Tahmina Vs. Government of Bangladesh, 2000, 29 CLC (HCD)
....yers Involved: Abdul Malek, Advocate—For the Petitioner. Shahabuddin Ahmad, Deputy Attorney- General—For the Respondent. Writ Petition No.723 of 1994. Judgment Md. Abdul Quddus J.- Rule Nisi was issued calling upon the respondents to show cause as to why the impugned order bearing......objective satisfaction for the purpose, the issuance and service of the said notice vide Annexure-A will be obviously without any lawful authority and as such he contends that the Rule should be made absolute. 11. Learned Deputy Attorney-General Shahabuddin Ahmad appearing for the Respondent No.2..Category: Criminal Law | Date: | Hits: 78
Shamsuddin Ahmed and others Vs. State and another, 2000, 29 CLC (HCD)
....m, Advocate—For the Petitioner. AKM Zahirul Islam, Assistant Attorney-General—For the Opposite Party. Criminal Miscellaneous Case No.380 of 1995. Judgment Abu Sayeed Ahammed J.- This Rule is under section 561A CrPC on the prayer of the four accused petitioners, namely (1) Shamsuddin......adesh also allows some liberty and freedom to make free and fair criticism of any religion or faith. For the reasons and discussions above we find merits in this Rule. In the result, the Rule is made absolute and the proceedings of the complaint case No.1364 of 1994 pending in the Court of the Addit..Category: Criminal Law | Date: | Hits: 52
Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)
....€”For the Petitioner. Abu Salek with Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was obtained by the successors-in-interest of the plaintiff, late Sultan Ahmed against the judg......possession of the suit land from the defendants 1 and 2 under section 95 read with section 95A of the State Acquisition and Tenancy Act is accordingly affirmed. 41. In the result, the Rule is made absolute. No order as to cost. The judgment and decree of the appellate Court are set aside and the ..Category: Property Law | Date: | Hits: 113
Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)
....te—For the Petitioners. Kh. Saiful Hoque with Khalilur Rahman Rakani, Advocates — For the Opposite Parties. Civil Revision No. 2043 of 1991. Judgment Khademul Islam Chowdhury J.- This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed agains......tained. This Rule, therefore succeeds the impugned order dated 6-3-91 passed by the learned Assistant Judge, Rajshahi in 402/1982, 69 of 1990 is hereby set aside. In the result the Rule is made absolute without any order as to costs. The order of stay of further proceeding of OC suit No.402..Category: Property Law | Date: | Hits: 71
Shamim Begum Vs. Chairman Court of Settlement and others, 1999, 28 CLC (HCD)
....oque, Advocate—For the Petitioner. Obaidur Rahman Mostafa, Deputy Attorney-General—For the Respondents. Writ Petition No.884 of 1995. Judgment Md. Fazlul Karim J.- In this application Rule was issued calling upon the Respondent No.1 to show cause as to why the order dated 20-4-92 pas......en passed without lawful authority and to be of no legal effect and the case is sent back on remand to the Court of Settlement for disposal in accordance with law. In the result, this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 456...Category: Procedural Law | Date: | Hits: 92
Atiqur Rahman (Md.) Vs. Ainunnahar, 1999, 28 CLC (HCD)
....Advocates—For the Petitioner. Farida Begum (Khan), Advocate—For the Opposite Party. Civil Revision No. 2073 of 1998. Judgment AK Badrul Huq J.- The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is an order date......ourt, thus, committed a substantial error of law in sending the Family Suit back on remand to the Family Court. 11. On conspectus, the inevitable conclusion that flows is that the Rule having been absolutely without any merit, the same must be discharged. Resultantly, the Rule is discharged. Orde..Category: Procedural Law | Date: | Hits: 67
Matiur Rahman Bepari Vs. Wazuddin Bepari & others, 1999, 28 CLC (HCD)
....ber 2, 1999. Lawyers Involved: Md. Azizul Hoque, Advocate—For the Petitioner. No one—For the Opposite Parties. Civil Revision No. 2138 of 1991. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 16-6-91 passed by the Subordinate Judge, 2nd Court, Dhaka a......ng on the subject. The Subordinate Judge is thus found to have passed the impugned order illegally and arbitrarily and the same has occasioned failure of justice 7. In the result, the Rule is made absolute without any order as to costs and the impugned order dated 16-6-91 passed by the learned Su..Category: Procedural Law | Date: | Hits: 77
Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
....ed, Advocate—For the petitioner. Obaidul Hasan Shaheen, Assistant Attorney-General—For the Respondents. Writ Petition Nos. 548 and 464 of 1994. Judgment Syed Amirul Islam J.- Both the Rules arise out of the same Judgment and order dated 1-12-1991 passed in Case No.719 of 1987 by the ......hout jurisdiction declared the case property as abandoned property and, as such, we do not find any illegality in the impugned order. Accordingly, the Rule in Writ Petition No. 548 of 1994 is made absolute and the Rule in Writ Petition No.464 of 1994 is discharged. However, there will be no order..Category: Property Law | Date: | Hits: 90
Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....the Bank cannot be executable against the Bank itself because Sonali Bank is a juristic person. 27. Referring to this decision Dr. Rahman has drawn our attention to President’s Order 27 of 1972. Rule 2 sub-rule (4) wherefrom it appears that Bangladesh Krishi Bank is also a juristic person that ......Wahab, the learned Advocate appearing for the respondents. 8. The learned Advocate appearing for the appellants submits that the judgment and decree by the Court below are based on no evidence and absolutely on hunch, surmise and conjecture. The learned Advocate further submits that the very issu..Category: Civil Law | Date: | Hits: 101
Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)
....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ......than that charged for industries situated in developed area inasmuch as final determination of rate of interest shall be on the basis of the terms and conditions and /or as decided by the BSRS at its absolute discretion which means that the terms and condiÂtions given by the Government to BSRS unde..Category: Civil Law | Date: | Hits: 126
State Vs. Moyezuddin Sikder and Others, 2008, 37 CLC (AD)
....……………………………Appellant Vs. Moyezuddin Sikder and Others…………Respondent Judgment April 23, 2008. Result: The appeal is allowed. The Emergency Power Rules, 2007, Rule 19(gha) The expression Adalat or Tribunal in rule 19(gha) refer to all Courts ......ail. 21. This Court considered the facts of that case and held:- "As for the present appeals, the learned Attorney General has submitted that the facts disclosed in the petitions for bail are absolutely no grounds for even entertaining an application for anticipatory bail. The allegation tha..Category: Criminal Law | Date: | Hits: 100
.... 3, 1986.
Lawyers Involved:
Md. Aftab Hossain, Advocate - For the Petitioners.
Not Represented - the Respondents.
Writ Petition No. 415 of 1986
Judgment
Amin-Ur-Rahman Khan J.- The Rule, arising out of an application under Article 102 of the Constitution of the People's Republic o......ted here that none appeared for the respondent to oppose the present application. In the result we find that the impugned order was illeÂgal and without jurisdiction.
The rule is accordingly made absolute without any order as to costs. The impugned order of the reÂspondent No. 1 is declared to ..
Category: Labour and Industrial Law | Date: | Hits: 170
Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)
....itioner Md. Asaduzzaman Advocate- For the opposite Party No. 1 AFM Zubair, Advocate- for the Opposite Parties 2 and 3. Civil Revision No. 2088 of 1996. Judgment Md. Abdur Rashid J.- This Rule was obtained by defendant No. 11 upon making an application under section 115 of the Code of Ci...... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ..Category: Property Law | Date: | Hits: 91
....s—For the Petitioners.
Munsur Habib with Md. Zainul Abedin and Shahanara Begum, Advocates—For the Opposite Parties.
Civil Revision No. 3859 of 2000.
Judgment
Md. Abdur Rashid J.- This Rule was obtained by the (decree-holders) defendants upon making a revision application under sectio...... on remand to the trial Court for fresh trial. Against that order of remand the petitioners obtained a Rule in Civil Revision No. 747 of 1994 and this Division by its order dated 6-1-98 made the Rule absolute and set aside the orders of remand.
3. On 25-3-87 opposite parties also instituted Other..
Category: Civil Law | Date: | Hits: 81
Abdul Waresh Vs. Md. Abdul Halim and others, 2001, 30 CLC (HCD)
....LR 790. Lawyers Involved: Faridul Alam Chowdhury, Advocate—the Petitioner. Not represented— the Opposite Parties. Civil Revision No. 166 of 1992. Judgment Faruque Ahmed J.- This Rule at the instance of the defendant petitioner was issued calling upon the opposite, parties to sh......t and the order dated 28-8-9 1 passed by the learned Subordinate Judge. Chittagong in Miscellaneous Case No. 493 of 1990 is affirmed. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 608. ..Category: Civil Law | Date: | Hits: 86
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