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....preme Court
High Court Division
(Special Original Jurisdiction)
Present:
Mainur Reza Chowdhury J
MA Aziz J
Golam Mostafa Miah (Md.) ……………………Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Establishment and others …………….Respondent......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248.......ssistant Attorney-General — For the Respondents.
Writ Petition No.1879 of 1995.
Judgment
MA Aziz J.- This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in Memo No. SM/SS-1/E-19/92-44 dated 1-2-94 issued by respondent. No. 2 and communic......˜without lawful authority and are of no legal effect.
In the result the Rule is made absolute without however any order as to costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 248...
Category: Employment/Service Law | Date: | Hits: 73
State Vs. Tota Mia, 1997, 16 CLC (HCD)
.... with Criminal Appeal No. 537 of 1994 with Jail Appeal No. 696 of 1994. Judgment Md. Gholam Rabbani J.- Accused (1) Tota, (2) Nurul Amin alias Nuru, (3) Mashiuzzaman alias Kazi Farhad, (4) Mirja Abul Kalam, (5) Farhad, (6) Iqbal, (7) Safiul, (8) Mohan, (9) Aziz, (10) Munsurur Rahm......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244.......al Code. 3. Accused Nos.3 and 10 to 13 for abetting the commission of aforesaid offence and thereby committed offence punishable under sections 302/109 of the Penal Code. 4. By the judgment and order dated 22/3/94 learned Sessions Judge convicted accused No.1 Tota under section 302 of the Pena......their respective bail bond. Conviction and sentence passed against absconding convict Md. Badruzzaman alias Chand Mia are set aside. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 244...Category: Criminal Law | Date: | Hits: 74
Anwarul Hoque (Md.) Vs. Golam Mahmud and Md. Mohsin, 1999, 18 CLC (HCD)
....n to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242.......t Kazi Ebadul Hoque J.- It appears from the Office note that Miscellaneous Case No.210 of 1979 filed by the House Building Finance Corporation was disposed of on 26-5-97. Operative portion of that order of the Court was as follows: “Ordered that the Misc. Case be allowed on contest with cost......tary, Ministry of Law, Justice and Parliamentary Affairs for circulation to the District Judges for guidance of all subordinate courts. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 242...Category: Criminal Law | Date: | Hits: 73
Nurul Huq Vs. Secretary, Rural ElectriÂfication Board and another, 1991, 20 CLC (HCD)
....¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦Petitioner Vs. Secretary, Rural ElectriÂfication Board and anr……………………………Respondents Judgment December 17, 1991. Result: The Rule is made absolute. Lawyers Involved: SAM Mahbub Elahi, Advocate ‑ For the Petitioner. Md. Abdu......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ...... Abdur Rashid, Advocate ‑ For the Respondents. Writ Petition No.406 of 1987. Judgment Mainur Reza Chowdhury J.- This Rule Nisi was issued calling upon the respondents to show cause why the order of dismissal dated 3.2.87 (Annexure G) should not be declaral to have been made without lawful......ade without lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 666. ..Category: Employment/Service Law | Date: | Hits: 65
State Vs. Sree Ranjit Kumar PramaÂnik, 1990, 19 CLC (HCD)
....accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660.......ence on record to sustain the conviction. He pointed out that in the absence of eye‑witness and a mens rea the learned Sessions Judge seriously erred in law in passing the impugned judgment and the order of conviction and the sentence merely on surmises, conjectures and circumstantial evidence. He......e valuable service rendered by Mr. Abu Sayeed Ahammed who volunteered to appear on behalf of the accused and was accepted by the court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 660...Category: Property Law | Date: | Hits: 69
Hazrat Ali and another Vs. Kudrat Ali and others, 1991, 20 CLC (HCD)
....rged. Cases Referred to- Ashwini Kumar Karmaker Vs. Hari Mohan and others, 35 DLR (AD) 334; S Joga Moya Debi and others Vs. SDD Singh Hazari and others, 36 DLR 272; Yakub Khan and others Vs. Amjad Ali and others, 27 DLR 164; Balai Chandra Mondal Vs. Bibran Chandra Das, 51 CWN 644; Upendra Vs. ......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658.......hmed with Alaluddin, Advocates ‑For the Petitioners. None‑For the Opposite Parties. Civil Revision No.46 of 1986. Judgment AM Mahmudur Rahman J.- This Rule is against the judgment and order of reversal passed by the Subordinate Judge. 2. The opposite party No.1 filed on 27th Janua......n this case on behalf of the petitioners have no manner of application. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 658...Category: Property Law | Date: | Hits: 72
Janab Ali & others Vs. Arju Miah & Others, 1991, 20 CLC (HCD)
....l Hasib J Janab Ali & others…………………Petitioners Vs. Arju Miah & Others…………………Opposite Parties. Judgment August 21, 1991. Result: The Rule is made absolute. Case Referred to- Commissioner for the Port of Calcutta Vs. Suraj Mull Jalan and......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656.......es. Civil Revision No.137 of 1988 (Sylhet) Civil Revision No.146 of 1988 (Dhaka) Judgment Abdul Hasib J.- This rule was issued upon the opposite parties to show cause why the judgment and order dated 11.4.87 passed in Miscellaneous Appeal No.6 of 1986 by Subordinate Judge, Habiganj confi......ithout any order as to costs. The learned Assistant Judge will proceed with the main suit for permanent injunction according to law. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 656...Category: Property Law | Date: | Hits: 61
Ezahar Ali Mondol and others Vs. Golam Rasul and others, 1991, 20 CLC (HCD)
....ue J Ezahar Ali Mondol and others…………………Petitioners Vs. Golam Rasul and others…………………Opposite Parties Judgment November 24, 1991. Result: The Rule is made absolute. Case Referred to- Administrator, Delta Construction Vs. Chairman, 2nd Labour Cou......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653.......al ‑ For the Government. Civil Revision No. 559 of 1991. Judgment Md. Mozammel Hoque J.- This Rule was issued directing the opposite parties No.1 and 2 to show cause as to why the impugned order dated 30.1.91 passed in Miscellaneous Appeal No.107 of 1990 by the learned District Judge, Khu......ose of the learned Assistant Judge are affirmed. Considering the facts and circumstances of the case there will be no order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 653...Category: Civil Law | Date: | Hits: 99
Agrani Bank Vs. Artha Rin Adalat and others, 2003, 32 CLC (HCD)
....he writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ...... its mistake or error which is apparent on the face of the record, and in the interest of justice Artha Rin Adalat ought to have considered the review application. He has further argued that since ad interim order passed by the Artha Rin Adalat cannot be challenged in any other forum and the petitio......ne appeared- For the respondents. Writ Petition No. 1867 of 2003. Judgment Md. Awlad Ali J.- By this application under Article 102 of the Constitution the petitioner Agrani Bank impugned the order dated 27‑11‑2002 passed by Artha Rin Adalat and Joint District Judge, 1st Court, Madaripur......our considered view is that the Writ Petition against the impugned order is not maintainable. The writ petition is thus summarily rejected. Ed. This Case is also Reported in: 55 DLR (2003) 389. ..Category: Administrative Law | Date: | Hits: 200
Rezaul Karim (Md.) Vs. State, 2002, 31 CLC (HCD)
.... the same time another shot also came from the northern bank of the tank. He found that 2/3 criminals were running towards the house of his brother, Abu Bakar, which has been situated to the northern adjacent side of the tank. He heard sound of two shots and also heard the alarm of his brother's wif......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ......l Appeal No. 948 of 2000. Judgment Md. Muzammel Hossain J.- This appeal at the instance of the accused appellant Md. Rezaul Karim alias Rezaul Alam Rikshawa is directed against the judgment and order dated 11‑4‑2000 passed by the learned Additional Sessions Judge, Rajshahi in Sessions Case......t liberty forthwith if not wanted in connection with another case. Send down the LC record with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 55 DLR (2003) 382. ..Category: Criminal Law | Date: | Hits: 71
Bangladesh Sugar and Food Industries Corporation Vs. Md. Kashem and others, 2002, 31 CLC (HCD)
....e and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350.......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350....... Taka 880. The plaintiff was also directed to pay rent from 1st January, 1972 and accordingly, the plaintiff paid Taka 22,000 by two instalments on 19‑2‑1974 and on 4‑3‑1974. The plaintiff in order to construct a building in the suit land sought permission from the government, namely, defend......0‑3‑1995 passed by the Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 144 of 1975 are hereby set aside and the suit be dismissed. Ed. This Case is also Reported in: 55 DLR (2003) 350...Category: Property Law | Date: | Hits: 122
State Vs. Deputy Commissioner, Satkhira and others, 1992, 21 CLC (HCD)
....fuzur Rahman J State…………………Petitioner Vs. Deputy Commissioner, Satkhira and others………………Opposite Parties Judgment December 9, 1992. Result: The Rule is made absolute. Cases Referred to- Shunil Bhatra Vs. Delhi Administration, 1980 AIR (SC) 1579; S......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ......ars he was implicated in several dacoity cases. Although he was acquitted from all the cases, he was not released by the authority and the jail authority on inquiry disclosed to him that there was no order of release for him from the Court. Since he was shown as a minor boy of 12 years when he was a......y of its departments or organisations in order to mitigate his sufferings and compensate his loss to some extent. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 643. ..Category: Criminal Law | Date: | Hits: 97
Power Grid Company of Bangladesh Ltd. Vs. Rowshon Ara Begum and others, 2011, 40 CLC (AD)
....ed in: VIII ADC (2011) 558. ......ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ......ctÂed by Nurul Islam Bhuiyan, Advocate-on-Record-For Respondent Nos. 1 and 2. Not represented-Respondent Nos. 3-9. Civil Petition for Leave to Appeal No. 685 of 2010. (From the judgment and order dated 07.12.2009 passed by the High Court Division in Writ Petition No.10651 of 2007.) Orde......ation of the paper book is disÂpensed with as prayed for. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 558. ..Category: Property Law | Date: | Hits: 81
M/S. Rupanti Enterprise Vs. Unilever Bangladesh Limited and others…, 2011, 40 CLC (AD)
....ted in: VIII ADC (2011) 551. ......nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ......Record-For Respondent No.1. (In both the cases) None represented-For Respondent Nos.2-55 (In both the cases). Civil Petition for Leave to Appeal Nos. 903-904 of 2011. (From the judgment and order dated the 11th day of June, 2008 passed by the High Court Division in Writ Petition Nos.8679 w......nd respondent No.1 shall file the concise stateÂment within one week thereafter. The appeal is fixed for hearing on October 10, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 551. ..Category: Fiscal/Taxation Law | Date: | Hits: 168
Chairman, National Housing Authority Vs. M/s. MR. Trading Co. and others, 2011, 40 CLC (AD)
....Supreme 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 Chairman, National Housing Authority ............................Appellant Vs. ......ppellants admitted to give some other works but they wanted to give those works to others. Pursuant thereto, the plaintiff filed Writ Petition No.6703 of 2002 in the High Court Division and got an ad interim mandatory injunction directing the appellants to give them the work orders. It also institut......oor Taposh, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-12. Civil Appeal No. 206 of 2010. (From the judgment and order dated 2.6.2008 passed by the High Court Division in First Appeal No.276 of 2004.) Judgment ......he plaintiff. The appeal is, therefore, allowed withÂout any order as to costs. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: VIII ADC (2011) 544. ..Category: Civil Law | Date: | Hits: 73
Shahidullah and others Vs. State, 1991, 20 CLC (HCD)
....€¦â€¦Respondent Judgment November 4, 1991. Result: The appeal is allowed. Cases Referred to- Md. Kalu Bhuiyan @ Kalu Mia Vs. Special Tribunal No.II Comilla, 30 DLR 124; Dost Mohammad and others Vs. State, 29 DLR 122. Lawyers Involved: Md. Azizul Haque, Advocate ‑ For Appe......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ....... Azizul Haque, Advocate ‑ For Appellant. M A Latif, Advocate ‑ For the State. Criminal Appeal No.620 of 1989. Judgment Mahmudul Amin Chowdhury J.- This appeal is directed against the order of conviction and sentence passed by the Special Tribunal No.9, Dhaka in Special Tribunal Case......he Drug Court within 15 days from the date of receipt of the records by that Court from this Court. Send down the records at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 640. ..Category: Criminal Law | Date: | Hits: 60
Lal Mamud and others Vs. Siraj Miah and others, 1991, 20 CLC (HCD)
....ed. Case Referred to- Adamjee Jute Mills Ltd. Vs. Chairman, 39 DLR 11; Jotish Chand Chakrovorty Vs. Hem Chandra 11 DLR 7; Ali Hussain Vs. Rafique, 1977 PLD Lah 419. Lawyes Involved: AKM Asaduzzaman, Advocate ‑ For the petitioner (In Civil Revision No. 605 of 1985). Nurul Huq, Advoca......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ......ner before me filed an application under section 151 CPC for accepting the written statement which was earlier rejected by the trial Court and the trial Court rejected the application by the impugned order. Mr. Nurul Huq, appearing for the petitioner, submits first, that as in a partition suit th......s are discharged. No order as to costs. The trial Court is directed to proceed with the suit in accordance with law expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 638. ..Category: Property Law | Date: | Hits: 79
Mustafa Kamal and others Vs. Director of Land Records and others, 1991, 20 CLC (HCD)
....rit Petition No.208 of 1986) Vs. Director of Land Records and others…………………Respondents (In both the Writ Petitions) Judgment November 14, 1991. Result: The Rules are made absolute. Lawyers Involved: MH Khondker, Advocate with AJ Mohammad Ali, Advocate and Share......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ......‑ For the Respondent No.1. Writ Petition Nos. 207 and 208 of 1986. Judgment Qazi Shafiuddin J.- This Rule Nisi issued in Writ Petition No.207 of 1986 has been directed against the impugned order dated 31.3.1986 (Annexure E) passed by the Respondent No.1 while the Rule in Writ Petition No.......assed without lawful authority and the same are of no legal effect. In the result, both the Rules are made absolute without costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 634. ..Category: Property Law | Date: | Hits: 73
AKM Mukhlesur Rahman Vs. State, 1991, 20 CLC (HCD)
....t Judgment December 3, 1991. Result: The appeal is allowed. Cases Referred to- Abdul Hye Vs. State, 20 DLR 407; Abdul Jabbar @ MA Jabbar Vs. State, 37 DLR 278; 20 DLR 587; Abdul Kader Talukdar Vs. StateMohammad Sarwar Vs. State, 21 DLR (SC) 182; Bangladesh Vs. Abdur Rahman, 1982......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626.......ttorney‑General - For the State. Criminal Appeal No.569 of 1990. Judgment Mahmudul Amin Chowdhury J.- This appeal by convict‑appellant AKM Mokhlesar Rahman has been preferred against his order of conviction and sentence passed by the Divisional Special Judge, Dhaka Division, Dhaka on 21......lled against him and he is acquitted of same. He is discharged from his bail bond. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 626...Category: Criminal Law | Date: | Hits: 90
....y order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619.......lil J.- This Rule was issued calling upon the respondents, namely, the Secondary & Higher Secondary Education Board Jessore, represented by its Chairman, and others to show cause why the impugned order contained in Memo No. Co/243/1 dated 13.5.90 filed by the petitioner as Annexure C to the peti......ayer in disposing of a matter under Article 102 of the Constitution.
The Rule is therefore discharged without any order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 619...
Category: Civil Law | Date: | Hits: 159
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