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Noor Alam Hossain Vs. State and others, 2006, 35 CLC (HCD)
....ay granted earlier is hereby vacated. The learned Magistrate, 1st Class, Natore is directed to dispose of the Complaint Case No. 379 of 1990 pending before him preferably within three months from the date of receipt of the judgment. Let a copy of this judgment be sent down at once. Ed.......tion 476B shall, notwithstanding anything contained in Chapter XVI, proceed, as far as may be, to deal with the case as if it were instituted on a police report. (3) Where it is brought to the notice of such Magistrate or of any other Magistrate to whom the case may have been transferred, tha...... should not be quashed and/or pass such other or further order or orders as to this court may seem fit and proper. At the time of issuance of the Rule the accused petitioner obtained an order of stay for all further proceedings of Complaint Case No. 379 of 1990 pending as aforesaid. 2. The re..Category: Criminal Law | Date: | Hits: 40
Naimuddin and another Vs. State, 2007, 36 CLC (HCD)
....ment Khademul Islam Chowdhury J.- This appeal at the instance of convicted-appellants Naimuddin alias Md. Naimuddin alias Malua and another is directed against judgment and order of conviction dated 17-9-2000 passed by the Additional Sessions Judge, 2nd Court and Nari-o-Shishu Nirjatan Daman ...... appeal is dismissed. The impugned judgment and order of conviction is hereby affirmed. Send down the LC records at once. Ed. This Case is also Reported in: 59 DLR (2007) 314. ......i-o-Shishu Nirjatan Daman Bishesh Adalat 3, Dinajpur convicting the appellants under section 8(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 and sentencing them to rigorous imprisonment for 14(fourteen) years each with fine of Taka 10,000 (ten thousand) in default to rigorous imprisonm..Category: Criminal Law | Date: | Hits: 84
AKM Shamsuddin Vs. Secretary, Ministry of Establishment and others, 2007, 36 CLC (HCD)
.... Bangladesh, calling upon the respondents to show cause as to why the petitioner should not be deemed as still being in service and the impugned notification in Memo No. Sha. Ma. Po-l/Neog-1/2000/440 dated July 25, 2001 (Annexure-B) issued by the respondent No. 3, Joint Secretary (Police), Ministry ......ful authority and is of no legal effect and the respondents are also asked to show cause as to why, announcing the termination of service on the national hookup and in the media before service of the notice and the manner of treatment as was meted out to the petitioner should not be deemed as punish......o- Abdul Bari Sarker vs. Bangladesh, represented by the Secretary, Ministry of Establishment, Government of the People's Republic of Bangladesh 46 DLR (AD) 37. Lawyers involved: Maniruzzaman for Bashir Ahmed, Advocate — For the Petitioner. Md. Jafar Imam, Assistant Attorney General..Category: Employment/Service Law | Date: | Hits: 76
Monwar Mallik Vs. State, 2007, 36 CLC (HCD)
.... Siddiqur Rahman Miah J.- This criminal appeal under section 28 of the Nari-o-Shishu Nirjatan Daman Ain, 2000 at the instance of the convict MonÂwar Mallik directed against the judgment and order dated 23-4-2003 passed by the learned Judge, Nari-o-Shishu Nirjatan Daman Tribunal, Rajbari in Nari-...... be set at liberty forthwith if not wanted in any other case. Send down the LCR at once along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 301. ......ated 16-10-2001 corresponÂding to GR case No. 327 of 2001 convicting the accused under section 9(1) of the Nari-o-Shishu Nirjatan Daman Ain, 2000 and sentencing him thereunder to suffer imprisonment for life and to pay a fine of Taka 5000 in default to suffer rigorous imprisonment for 6(six) months..Category: Criminal Law | Date: | Hits: 38
....p; 10 (In Civil Appeal No. 265 of 2002).
Not Represented- Respondent Nos. 1-5, 9 & 11-18, (In Civil Appeal No. 265 of 2002).
Civil Appeal No.251-266 of 2002.
(From the Judgment and order dated the 4th day of July, 2000 passed by the High Court Division in Writ Petitioners Nos. 2111,2149......t in LA Case No.2 of 1987-88 for Bangladesh Small Cottage Industries CorporaÂtion to set up a Hosiery Industrial Estate. The said land were acquired from several plots of Mouza Hariharpara after due notice under Section 3 of the Acquisition and Requisition of Immovable Property Ordinance, 1982, dul......e facts involved in the cases, in short, are that 0.59 acres of land of Mouza Hariharpara under Police Station Fatulla, District-Narayanganj were acquired by the Government in LA Case No.2 of 1987-88 for Bangladesh Small Cottage Industries CorporaÂtion to set up a Hosiery Industrial Estate. The sai..
Category: Property Law | Date: | Hits: 37
Aminul Haque Shamim (Md) Vs. Government of the People's Republic of Bangladesh, 2003, 32 CLC (HCD)
....r Article 31 in consonant with Article 39(2) of the Constitution. 2. In support of the application the learned Advocate for the petitioner refers to Annexure A, a news published in "Daily Inqilab" dated 14‑12‑2002 captioned “রতন সাহাকে ঢাকায় জেআইসিত......to keep under review cases of assistance received by any newspaper or news agency in Bangladesh from any foreign source including such cases as are referred to it by the Government are brought to its notice by any individual, association of persons or any other organization; (g) to undertake stud......dhury J Md. Nizamul Huq J Aminul Haque Shamim (Md)…….………………….Petitioner Vs. Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Information and others........................Respondents Judgment January 6, 2003. Lawyer In..Category: Constitutional Law | Date: | Hits: 213
Titas Gas Transmission and Distribution Co. Ltd. Vs. Shams Company and others, 2001, 30 CLC (HCD)
....te—For Respondent No. 2. First Miscellaneous Appeal No. 407 of 1990. Judgment Md. Abdur Rashid J.- This appeal was on 3-12-1990 presented by the defendant No. 1 against judgment and decree dated 4-9-1990 passed by Subordinate Judge at Brahmanbaria in Title Suit No. 35 of 1986. 2. Facts...... to the relevant law, which are sections 14, 17, 21 and 39 of the Arbitration Act that read as under, 14. (1) When the arbitrators or umpire have made their award they shall sign it and shall give notice in writing to the parties of the making and signing thereof…………………………… ......nd Distribution Co. Ltd…………Appellant Vs. Shams Company and others………………………………….Respondents Judgment August 16, 2001. Lawyers Involved: Sufia Ahmed for Tofailur Rahman, Advocates—For the Appellant. Habibul Islam Bhuiyan with Faruque Ahmed, Adv..Category: Property Law | Date: | Hits: 31
Md. Jamal Uddin Vs. Dr. ABM Morshed Alam, 2010, 39 CLC (AD)
....tructed by Md. Zahirul Islam, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 354 of 2009. (From the judgment and order dated the 18th day of May, 2009 passed by the High Court Division in Criminal Misc. Case No.1576 of ......used, complainant further deposited the cheque but the cheque was dishonored noting that the fund is insufficient on 24.02.2004. Having no other alternative on 04.03.2004 the complainant sent a legal notice through his Advocate stating all the facts to the accused petitioner with a request to pay th......Advocate-on-Record- For the Petitioner. Ruhul Quddus, Advocate instructed by Md. Zahirul Islam, Advocate-on- Record- For Respondent No.1. Not represented- Respondent No. 2. Criminal Petition for Leave to Appeal No. 354 of 2009. (From the judgment and order dated the 18th day of May, 2009..Category: Criminal Law | Date: | Hits: 39
Abu Taher and others Vs. State, 2009, 38 CLC (AD)
....te instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 344 of 2008. (From the judgment and order dated the 9th day of August, 2007 passed by the High Court Division in Criminal Appeal No.351 of 200......inflicted a lathi blow on his brother’s wife. A long standing dispute amongst the relatives concerning the demarcation of land was also mentioned. The informant wanted to bring this incident to the notice of his brother Israfil. But when Israfil returned home and heard about the whole thing he rem......, 2009. Lawyers Involved: A. F. M. Meshabhauddin, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Not represented- the Respondent. Criminal Petition for Leave to Appeal No. 344 of 2008. (From the judgment and order dated the 9th day of August, 20..Category: Criminal Law | Date: | Hits: 31
Mrs. Rokeya Begum Vs. Chartered Credit and Co-operative Limited, 2010, 39 CLC (AD)
....tun, Advocate- on-Record- For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 265 of 2009. (From the judgment and order dated the 2nd day of June, 2009 passed by the High Court Division in Criminal Miscellaneous Case No.......TK.54,83,300.00 and that the complainant deposited the cheque at chartered co-operative bank on 15.02.2006 for encashment but the same was referred being unpaid. The complainant through lawyer served notice on 26.02.2006 and 05.03.2006 to pay the money by 30 days and also issued notice through daily......: Rokanuddin Mahmud, Senior Advocate, instructed by Mrs. Sufia Khatun, Advocate- on-Record- For the Petitioner. Nurul Islam Bhuiyan, Advocate-on-Record- For the Respondent. Criminal Petition for Leave to Appeal No. 265 of 2009. (From the judgment and order dated the 2nd day of June, 2009..Category: Criminal Law | Date: | Hits: 45
Md. Abul Kasem Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....yers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by the High Court Division in Civil Revision No.5953 of 2001.) Judgment ......lement of the suit land by executing two registered Kabuliyats dated 7th August, 1946 on payment of rent and since then the plaintiffs have peacefully possessed the suit land by inheritance. They got notice on 6th March, 1999 that the land had been recorded in the R.O.R. in the khas Khatian of the G......ers………………Respondents Judgment August 1, 2010. Lawyers Involved: Md. Nawab Ali, Advocate-on-Record- For the Petitioner. Not Represented- the Respondents. Civil Petition for Leave to Appeal No. 2530 of 2009. (From the judgment and order dated 27.10.2009 passed by th..Category: Property Law | Date: | Hits: 27
M/S. Sagar Swamvar Vs. Bangladesh, 2010, 39 CLC (AD)
....nul Hossein, Senior Advocate, instructed by A.K.M. Shahidul Huq, Advocate-on-Record- For the Appellant. Ex-parte- the Respondents. Civil Appeal No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Writ Petition No.2023 of 1995.) Judgment ......t's temporary licence on the ground that the said trawler was confiscated by BSRS and it was out of commission for a long time. It was also pointed out that the owner of the trawler was served with a notice on 26th September, 1992 to show cause why the licence should not be cancelled but the owner f...... Appeal No.195 of 2004. (From the judgment and order dated 24.4.2000 passed by the High Court Division in Writ Petition No.2023 of 1995.) Judgment SK Sinha J.- By leave the appellant sought for review of the judgment and order dated 24th March, 2002 of this Division in Civil Petition No.62..Category: Property Law | Date: | Hits: 34
....ed by a creditor if—
(a) the Court is not satisfied with the proof of—
(i) such creditor’s right to present the plaint,
(ii) the service on the debtor of a notice of the order fixing a date for hearing the plaint in accordance with section 22(2)
(iii) the alleged act of bankruptcy,......d under section 9(2) of the Act, Sub-rule 1 of Rule 3 also prescribed formal demand as contemplated section 9(1) (i) of the Act which has to be served while sub-rule (2) of rule 22 requires that said notice of demand shall have to be served at both the permanent and the present address of the debtor......d Bankruptcy Court Chittagong and others…….Respondents
Judgment
October 25, 2001.
Lawyers Involved:
MR Hasan and Md Khasruzzaman, Advocates-For the Petitioners.
Masud Ahmed Sayeed for Rukenuddin Mahmud, Advocates—For the Respondents No. 2.
Writ Petition No. 1270 of 1999.
..
Category: Banking Law | Date: | Hits: 127
Mokbul Hossain Vs. Government of Bangladesh & ors., 2002, 31 CLC (HCD)
.... Penal Code, the detenu was anticipatory bail by this court. So, according to him, there was no reason to detain the detenu by giving reference of those cases. 5. Lastly, as regards the occurrence dated 2-12-2001 he has argued that the detenu has been implicated only for a political purpose becau......tion may be given even after acquittal in a case (vide the case of Habiba Mahmud reported in 54 DLR (AD) 89 and the case of H Saha Vs. State of West Bengal as reported in AIR 1974 (SC) 2154). We have noticed that in the grounds the cases have not been mentioned as one of the grounds for detention bu......dgment Md. Hamidul Haque J .- This Rule was issued calling upon the respondents to show cause as to why the detenu Al-Haj Mokbul Hossain now detained in Dhaka Central Jail, should not be brought before this Court so that it may satisfy itself that he is not being held in custody illegally and wit..Category: Criminal Law | Date: | Hits: 34
Mokim alias Md. Mokim Vs. State, 2002, 31 CLC (HCD)
....eral- For the State. Criminal Appeal No. 2323 of 1998. Judgment Md. Shamsul Huda J.- This appeal is directed at the instance of appellant Mokim alias Md. Mokim against the judgment and order dated 10‑9‑1998 passed by the learned Additional Sessions Judge and Special Tribunal No. 3 Chuad....... Let the appellant be set at liberty forthwith if not wanted in connection with any other case. Send down the case record expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 81. ......f GR Case No. 215 of 1995 originating from Alamdanga PS Case No. 9 dated 31‑5‑1995, convicting the appellant under section 387 of the Penal Code and sentencing him to suffer rigorous imprisonment for life and to pay a fine of Taka 5,000 in default to suffer rigorous imprisonment for a period of ..Category: Criminal Law | Date: | Hits: 38
Ambia Khatun Vs. Bangladesh and others, 2009, 38 CLC (AD)
....ey-General instructÂed by ASM Khalequzzaman, Advocate-on-Record—For the Respondent Nos.1-4. Not Represented—Respondent Nos.5-6. Civil Appeal No. 56 of 2002. (From the judgment and order dated the 8th and 9th day of December, 1997 passed by the High Court Division in Writ Petition No.13......f the suit property has been prepared in the name of the appellant and as such, the proviÂsions of the Ordinance No.54 of 1985 have no manner of application as the appellant was in possession and no notice was served upon the appellant. So, the inclusion of the case property under Section 5(1) (b) ......dgment and order dated the 8th and 9th day of December, 1997 passed by the High Court Division in Writ Petition No. 1377 of 1995 discharging the Rule. 2. The appellant filed Case No.1007 of 1988 before the Chairman, Court of Settlement, Dhaka under Section 7(1) of the Abandoned Buildings (Supplem..Category: Property Law | Date: | Hits: 30
Azizur Rahman Vs. Mariamunnessa and others, 2001, 30 CLC (HCD)
..... Judgment Md. Mamtazuddin Ahmed J.- This Rule at the instance of the Azizur Rahman represented by Abdul Sattar being next friend son of Azizur Rahman is directed against the Judgment and order dated 10-4-1995 passed by the learned Subordinate Judge, Artha Rin Adalat, Noakhali in Miscellaneous......ts that summons as alleged was not served upon Azizur Rahman but from the service return it is evident that it was served affixing the copies of the summons at the outer door of Azizur Rahman and the notice of the suit by registered post which has been shown to have been served obtaining the signatu......shi and another vs Suprava Sundari Devi and others CWN-99-260; Zamir Uddin Ahmed vs Ziaul Haque and others 49 DLR 622. Lawyers Involved: Md. Ozair Farooq with Morshed and Md. Shakhawat Hossain for Nikhilesh Dutta, Advocates — For the Petitioners. Shihabuddin Mahmood for Md. Ismail, Advoc..Category: Property Law | Date: | Hits: 44
Matasim Ali Chowdhury Vs. Md. Ismail, 2001, 30 CLC (HCD)
....with AB Shoswkat Ali, Advocates—For the Petitioner. Md. Waliur Reza Chowdhury, Advocate—For the Opposite Party. Civil Revision No. 4842 of 2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 19...... section 115 of the Code of Civil Procedure. 3. For the purpose of answering to the said questions posed provisions contained in rule 9 of Order 26 of the Code of Civil Procedure may profitably be noticed and considered. 4. Rule 9 of Order 26 of the Code is quoted here under: “9. In any s......2000. Judgment A K Badrul Huq J.- An order dated 23-10-2000 recorded by Senior Assistant Judge, Second Court, Dhaka in Title Suit No. 226 of 1985 rejecting plaintiff-petitioner’s application for local Investigation under rule 9 of Order 26 of the Code of Civil Procedure is under challenge b..Category: Administrative Law | Date: | Hits: 236
Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
.... Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos.1-18. Ex parte- Respondent Nos. 19-21. Civil Appeal No. 285 of 2002. (From the judgment and order dated 17.07.2001 passed by the High Court Division in Civil Revision No. 3535 of 2000). Judgment ......ed possession. Thereafter, Shahabuddin transferred the land to the plaintiffs who now possess the same on raising dwelling houses and mutating their names and paying rents. 4. The plaintiffs got a notice from the local Demra Police Station issued on the basis of a complaint dated 07.07.1998 lodge......ion in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd C..Category: Property Law | Date: | Hits: 39
Ratan Chandra Karmaker. Vs. Afsar Ali, 1987, 16 CLC (HCD)
....9 of 1981. Judgment Anwarul Hoque Chowdhury J.- This Rule arises out of an application made unÂder section 115(1) of the Code of Civil Procedure and is directed against the judgment and order dated 29.4.80 passed by the learned Subordinate Judge, Rajshahi, in Misc. Appeal No. 35 of 1979 affi...... duly served beÂcause there is a presumption of correctness of such endorsement and the service report having been proved duly both the Courts below found that the process server had duly served the notice upon the peÂtitioner, that finding of fact need not be disturbed with in this Revisional jur......¦â€¦...Opposite Party Judgment August 18, 1987. Cases Referred to- Munshi Tamizuddin vs. Aftabuddin 20 DLR page 901; Tahrul Karim vs. Abdul Hashem, 30 DLR 8. Lawyers Involved: Lutfor Rahman Mondal, Advocate with Md Azizul Huq, Advocate. — For the Petitioner. Mahfuzur Rahman..Category: Procedural Law | Date: | Hits: 66
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