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Nurul Islam Babul (Md.) Vs. State, 2004, 33 CLC (HCD)

....owser Deputy Attorney-General-For the State. Criminal Miscellaneous Case No. 2259 of 2004. Judgment Md. Awlad Ali J.- Upon an application under section 561A of the Code of Criminal Procedure Rule was issued calling upon the opposite party to show cause as to why the records of the Badda PS ......n report will consider the prayer for bail in accordance with law. With the aforesaid direction and observation the Rule is disposed of. Ed. This Case is also Reported in: 56 DLR (2004) 347. ..

Category: Criminal Law | Date: | Hits: 60

Hasna Banu Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....ed: Md. Haroon‑ar Rashid, Advocate-For the Petitioner. Not represented- the Opposite Parties. Civil Revision No. 691 of 1997. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against ...... In the circumstances, impugned judgment of the appellate Court must be held to be erroneous both on facts as well as in law and therefore, cannot be sustained. 24. In the result, the Rule is made absolute without, however, any order as to cost. Impugned Judgment and decree of the appellate Court..

Category: Property Law | Date: | Hits: 76

Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)

....latunnessa, Assistant Attorney­-General-For the State. Criminal Miscellaneous Case No. 9145 of 2002 with Criminal Miscellaneous Case No. 9146 of 2002. Judgment SK Sinha J.- These two Rules arise out of the same proceedings and therefore, these Rules are disposed of by this judgment....... follow the requirements strictly so that no citizen is harassed nor his fundamental right guaranteed in part III of the Constitution at any event is curtailed. In the result, these Rules are made absolute with the above observations. The orders dated 27­-3-2002 in GR Case No. 343 of 2002 arisin..

Category: Criminal Law | Date: | Hits: 70

Mahbubur Rahman Vs. Syed Mostofa Jaman and others, 2002, 31 CLC (HCD)

....ad, Advocate-For the Petitioner. M Ashruf Ali for Farhad Ahmed, Advocate-For the Opposite Parties. Civil Revision No. 1180 of 1999. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why the impugned order dated 11‑3...... stay of all further proceedings of Election Case No. 3 of 1998 now pending in the Election Tribunal. Gaibandha Sadar is vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 322. ..

Category: Election Law | Date: | Hits: 79

State Vs. Ershad Ali Sikder and others, 2003, 32 CLC (HCD)

....2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ......2000 so far Ayub Munshi alias Ayub Ali Khan is concerned is set aside. Lower court's record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 305. ..

Category: Criminal Law | Date: | Hits: 69

Ali Akbar (Md) and others Vs. Sakina Begum and others, 2002, 31 CLC (HCD)

....ng the appeal is allowed with costs. Impugned order dated 15‑1‑2002 appointing receiver of the suit property hereby set aside. The application for appointment of a receiver is rejected. Connected Rule is also discharged and order of stay is recalled. Learned Joint District Judge is directed t......der of stay is recalled. Learned Joint District Judge is directed to proceed with the Suit, expeditiously, Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 303. ..

Category: Property Law | Date: | Hits: 69

Nizam Khan (Md) Vs. State and another, 2003, 32 CLC (HCD)

....opposite Party No. 2. Md Moklesur Rahman Zahid, Assistant Attorney-General-For the State-Opposite Party. Criminal Miscellaneous Case No. 1503 of 2000. Judgment Md. Ali Asgar Khan J.- This Rule on an application filed under section 561 A of the Code of Criminal Procedure was issued callin......called. In the result, the Rule is discharged. Communicate this order to the Court of the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 299. ..

Category: Criminal Law | Date: | Hits: 38

Abdus Samad and others Vs. Md. Gafur and others, 2003, 32 CLC (HCD)

....kir Hossain, Advocate-For the Petitioners. Md. Golam Arshed, Advocate‑For the Opposite Parties. Civil Revision No. 4214 of 2000. Judgment Nazrul Islam Chowdhury J.- This Rule under section 115(1) of the Code of Civil Procedure, was issued at the instance of' the defenda......spose of the Suit With utmost expedition. Send down a copy of this judgment to the trial Court at once for compliance. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 297. ..

Category: Civil Law | Date: | Hits: 114

Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)

....gather its true intention. The intention of Lawmakers is to be gathered from the whole of the Ordinance/Statute. Interpretation postulates the search for the true meaning of the Ordinance or Statute. Rule of reasonable construction must be applied while construing an Ordinance/Statute. There must be......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285...

Category: Criminal Law | Date: | Hits: 64

Abarak Ali Vs. Shefaul Karim, Assistant Commissioner, (Land) Jagannathpur, District Sunamganj, 1998, 27 CLC (HCD)

....vocate — For the Petitioner. AM Aminuddin, Assistant Attorney-General with Md. Mahbub Ali, Advocate — For Respondents. Writ Petition No. 84 of 1994. Judgment Bijan Kumar Das J. - This Rule at the instance of the petitioner under Article 102 of the Constitution of the People’s Repub......ned in Annexure ‘D’ is liable to be declared to have been taken and order passed by respondent No. 2 is without any lawful authority and is of no legal effect. In the result, this Rule is made absolute. The initiation of the proceeding of Miscellaneous (Eviction) Case No. 67 of 1993-94 and is..

Category: Property Law | Date: | Hits: 172

Chitta Ranjan Das @ Chitta Ranjan Sinha Vs. Shashi Mohan Das and another, 2004, 33 CLC (HCD)

.... Md. Khurshid Alam Khan with Shahiduzzman Chowdhury, Advocates-For Opposite Party No. 1. Criminal Miscellaneous Case No. 873 of 2001. Judgment Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Cod, of Criminal Procedure, was issued......s is an old pending case, the learned Senior Special Judge, Sunamganj is directed to make disposal of the case expeditiously. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 276. ..

Category: Criminal Law | Date: | Hits: 42

Saiduzzaman (Md) (Mithu) and another Vs. Munira Mostafa and another, 2004, 33 CLC (HCD)

....torney‑General‑For the Opposite Party No.2. Not represented-Opposite Party No.1. Criminal Miscellaneous Case No. 9549 of 2001. Judgment Khondker Musa Khaled J.- This Rule, arising out of an application under section 561A of the Code of Criminal Procedure, was issued......n of the main part of the criminal case and the learned Metropolitan Magistrate is at liberty to proceed with the said part in the proceedings, if necessary. 9. In the result, the Rule is made absolute in the proceedings of CR Case No. 4232 of 200, so far it relates to the issuance of search ..

Category: Criminal Law | Date: | Hits: 49

Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)

....€‘For the Petitioner. Surujit Bhattacharjee, Advocate‑For Opposite Party Nos. 1‑4. Civil Revision No. 3864 of 1999. Judgment Md. Abdur Rashid J.- Heirs of defendant No.1 obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against ......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..

Category: Property Law | Date: | Hits: 61

Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)

....nd. Since the acquisition the appellant was trying heaven and earth for final acquisition and assessment of compensation but without any result. 5. The appellant moved this Division and obtained a Rule in Writ Petition No. 3828 of 1992. By an order dated 2‑8‑94 this Division directed the Gove......e Government to publish a notification in the official gazette that the Government has decided to acquire the requisi­tioned property and with such publication, the requisitioned property shall vest absolutely in the Government free from all encumbrances and the period of such requisition of such p..

Category: Property Law | Date: | Hits: 77

Tofail Ahmed alias Joseph Vs. State, 2004, 33 CLC (HCD)

.... Sheikh A Awal, Deputy Attorney-General-For the State. Criminal Revision No. 1200 of 2003. Judgment Zinat Ara J.- On an application under section 439 of the Code of Criminal Procedure this Rule was issued calling upon the Deputy Commissioner, Dhaka to show cause as to why order No. 113 da......esult the Rule is discharged. The order of stay is hereby vacated. Communicate the order to the concerned tribunal immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 250. ..

Category: Criminal Law | Date: | Hits: 60

Matiur Rahman (Md) Vs. Nuru Sikdar and others, 2003, 32 CLC (HCD)

....GR Case No. 194 of 2001 should not be quashed and or such order or further order or orders passed as to this Court might seem fit and proper. 2. Facts, relevant for the purpose of disposal of this Rule, in short, are that initially the instant petitioner as complainant lodged a complaint petition...... the legal norms which the learned Magistrate was required to follow while framing charge against the accused of discharging them. It is not sustainable in law. 14. In the result, the Rule is made absolute. The impugned judgment and order dated 11‑11‑2002 passed by the learned Sessions Judge,..

Category: Administrative Law | Date: | Hits: 223

Shafiqul Islam Shimul (Md) Vs. Bangladesh, 2003, 32 CLC (HCD)

....hbub, Assistant Attorney‑General and Md. Abdul Quadir Talukder Assistant Attorney‑General‑For the Respondents. Writ Petition No. 1071 of 2003. Judgment Amirul Kabir Chowdhury J.- This Rule at the instance of the petitioner Md. Shafiqul Islam Shimul has been issued on an application u...... decision of the may take the matter in appropriate forum if he is so case" advised. 10. In view of the discussion made above we find substance in this Rule. 11. In the result, the Rule is made absolute without any order as to costs. The impugned Memo No. J M/3‑1(Part)/2002/3036(100) dated 2..

Category: Criminal Law | Date: | Hits: 63

Grameen Bank Karmachari Union Vs. Member, Labour Appellate Tribunal Dhaka and others, 1998, 27 CLC (HCD)

....d with Ramjan Ali Sikder, Advocate — For the Respondent No.3. AFM Shahid, Deputy Attorney-General — For the Respondent No. 2. Writ Petition No.1777 of 1993. Judgment MA Aziz J. - This Rule Nisi was issued calling upon the respondents to show cause, why the impugned order contained in......spondent No.1 in appeal No.36 of 1992 dismissing the same vide Annexure-F to the writ petition were made without lawful authority and those were of no legal effect. In the result, the Rule is made absolute without however any order as to cost. Let the lower Court records be sent down immediate..

Category: Labour and Industrial Law | Date: | Hits: 186

Joynal Abedin (Md) Vs. Gurupada Chakraborty and others, 2002, 31 CLC (HCD)

....2 DLR (AD) 244. Lawyers Involved: Not present-the Petitioner. AB Roy Chowdhury, Advocate-For the Opposite Parties. Civil Revision No. 135 of 2000. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 17­-8‑1999 passed by the Assistant Judge, Chandina in Co...... Communicate the order at once to the learned Senior Assistant Judge, Chandina in Comilla for his information and necessary action. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 230. ..

Category: Property Law | Date: | Hits: 65

Salim (Md) Vs. Commissioner of Customs and others, 2003, 32 CLC (HCD)

....hmed with AM Aminuddin, Advocates-For the Petitioner. Syeda Afsar Jahan, Assistant Attorney-General-For the Respondents. Writ Petition No. 793 of 1999. Judgment Md. Abdur Rashid J.- This Rule Nisi was issued against the assessment order of respondent No.2, the appraiser, Customs House, ......question of constitutionality of tariff value of such goods. So, the statutory remedy by way of an appeal cannot be said to be adequate and equally efficacious. 14. In the result, the Rule is made absolute with cost. Impugned order dated 1‑3‑1999 is hereby declared to have been passed without..

Category: Fiscal/Taxation Law | Date: | Hits: 78