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Torab Ali and Others Vs. Madris Ali Saha and Others, 2015, 44 CLC (HCD)
....ords at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ......ree under Sub-Rule 7 of Rule 1 of Order XVII— If any case decreed ex-parte on failure of the parties for non compliance of the procedure of sub-rule 3 or 4 of rule 1 of order XVII only then the question of setting aside the ex-parte decree under sub-rule 7 of rule ......y granted earlier by this court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 44 ..Category: Civil Law, Procedural Law | Date: 29 Jun, 2015 | Hits: 1
....n J
Farid Ahmed J
Esrarul Huq Chowdhury……………………….Appellants
Vs.
Government of the People's Republic of Bangladesh and Others………..Respondent
Judgment
June 28, 2015
Result:
......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
......led under Article 102(2)(a)(i) and (ii) of the Constitution of the People's Republic of Bangladesh, a Rule Nisi has been issued, calling upon the respondents to show cause as to why the order dated 17-5-2003 passed by the respondent No. 6 in pursuance of the order dated 19-2-2003 passe......n that he should refrain from doing any illegal activities by abusing his official power.
No order as to cost.
Ed.
This Case is also Reported in: 68 DLR (HCD) (2016) 173.
..
Category: Constitutional Law, Property Law | Date: 28 Jun, 2015 | Hits: 1
Immam Hossain Sawdagor and others Vs. Abul Hashem and others, 2015, 44 CLC (AD)
.... on the evidence on record. Even a third party can file an appeal in case he is affected by a decree passed in a suit.......(10 & 11) Code of Civil Procedure (V of 1908) Order XLI, rule 23 read with Order XLI, rule 31 As the last Court of fact, the High Court Division shall see whether......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ......oz Shah, Advocate-on-Record—For Respondent No. 5. None Rrepresented—For Respondent Nos. 6-8. Civil Petition for Leave to Appeal No.1536 of 2010. (From the judgment and order dated the 4th day of June, 2009 passed by the High Court Division in First Appeal No. 328 of 1......osed of by the Bench presided over by Nozrul Islam Chowdhury, J. within 2(two) months from the date of receipt of this judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 266. ..Category: Civil Law, Procedural Law | Date: 15 Jun, 2015 | Hits: 12
....is case is also Reported in:
......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
......ers, this Court on 04.05.2002 was pleased to issue a Rule Nisi in the following terms:
“Let a Rule Nisi issue calling upon the respondents to show cause as to why the impugned judgment and order dated 31.07.2000 passed by the respondent No. 2 as contained in Annexure I to the writ petitio......s to costs.
Send down the record of the Court of Settlement.
Communicate the judgment to respondent No. 1 at once.
Zinat Ara J.- I agree.
Ed.
This case is also Reported in:
..
Category: Abandoned Properties Law | Date: 27 May, 2015 | Hits: 35
....ion
(Special Original Jurisdiction)
Present:
Md. Rezaul Hasan J
Farid Ahmed J
Anwarul Islam (Md.)……….......................Petitioner
Vs.
Bangladesh, represented by the Secretary, Ministry of Education and
others...................Respond......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
......limitation of her authority. Hence, this is a fit case where she (the then Chairman of Dhaka Board) should be fined with exemplary amount, so that no one, by using his or her position makes such order which is bound to erode the Rule of law, so nakedly. ......cept the apology made on behalf of the then Dhaka Board, Chairman and exempt her from imposing any fine.
Ed.
This Case is also Reported in: 15 BLC (HCD) (2010) 349
..
Category: Administrative Law | Date: 26 May, 2015 | Hits: 1
Abdul Monayem Lili Vs. Judge, Artha Rin Adalat & others, 2015, 44 CLC (HCD)
.... Peninsular Shipping Service Ltd Vs. Faruque Paint and Varnish Manufacturing Company Limited 59 DLR (AD) 26. Lawyers Involved: Md. Liton Ahmed, Advocate—For the Petitioner. Shahjada Al-Amin Kabir, Advocate—For Respondent No. 2. SM Moniruzzaman, DAG with SM Quamrul Ha......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ......section 33(1) of the Artha Rin Adalat Ain, 2003 (hereinafter referred to as Ain) and auction fixed on 12-8-2012 even after fixing the said date for auction, the respondent no.2 violating his own order published the impugned auction notice on 26-7-2012 in "Daily Kaler Kantha" for ......rder of stay granted earlier by this Court is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 358 ..Category: Banking Law | Date: 25 May, 2015 | Hits: 0
Mahmudul Islam Vs. Anti-Corruption Commi¬ssion and others, 2015, 44 CLC (HCD)
....son as the petitioner and at his instance this Rule Nisi was issued in the following terms: "Let a Rule Nisi be issued calling upon the respondents to show cause as to why the demands made by Memo No. ACC/Accounts/ Audit/61/2009/16160 dated 3-11-2009 asking the petitioner to deposit T...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ......hout lawful authority being ultra vires Article 83 of the Constitution and void being violative of the fundamental right guaranteed by Article 31 of the Constitution and obtained the present Rule and order of stay. 6. Mr. Mahmudul Islam, the learned Senior Advocate appearing in person after pla...... copy of this judgment be forwarded to the Chairman, Anti-Corruption Commission forthwith. Communicate at once. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 361 ..Category: Anti-Corruption Laws, Fiscal/Taxation Law | Date: 18 May, 2015 | Hits: 2
Government of Bangladesh and oth¬ers Vs. Ashraf Ali, 2015, 44 CLC (AD)
....(2015) 263 ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ......udgment and decree dated 20-7-1999 passed by (the High Court Division in Writ Petition No.1774 of 1995). Judgment Syed Mahmud Hossain J. — This appeal by leave is directed against the order dated 20-7-1999 passed by the High Court Division in Writ Petition No.1774 of 1995 making the ......osed of. Accordingly, the appeal is disposed of with the observations and direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 263 ..Category: Administrative Law | Date: 12 May, 2015 | Hits: 6
Orascom Telecom Bangladesh Limited Vs. Kalipada Mridha and others, 2015, 44 CLC (AD)
....15) 292. ......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ......etitioners. (In both the petitions). None Represented—For Respondents. (In both the Petitions) Civil Petition for Leave to Appeal Nos. 342 and 327 of 2011. (From the judgment and order dated 5-8-2010 passed by a Division Bench of the High Court Division in Writ Petition No. 8493......d as expeditiously as possible. Accordingly, both the leave-petitions are disposed of with the above direction. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 292. ..Category: Constitutional Law | Date: 11 May, 2015 | Hits: 5
Sanjay Kumar Biswas Vs. State, 2015, 44 CLC (HCD)
....ate, 6 BLT (1998) 82 = 3 BLC 182; Jayanti Rani Panda Vs. State of West Bengal, 1984 Cri. LJ, page 1535; R Vs. Clarence, (1886-90) AER Report: 133. Lawyers Involved: Sasti Sarkeer with Muhammad Rezaul Kabir Khan, Advocates—For the Convict-Appellant. Md. Ashaque Momin, AAG with Sh......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ......ion Bench of this court. But since their Lordship's could not reach a unanimous resolution respecting the ultimate consequence of the appeal as well as the guilt of the convict appellant, by order of the Hon'able Chief Justice of Bangladesh, the matter has been transmitted to this ......d the appellant stands accordingly acquitted. Communicate the order at once and send b the Lower Court Record. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 185. ..Category: Women and Children | Date: 5 May, 2015 | Hits: 3
....rted in:
...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......r the Respondent (In Criminal P. No.374 of 2011)
Mahbubey Alam, Attorney General—For the Respondent (In all the Jail Petitions)
Civil Appeal No.116 of 2010
(From the judgment and order dated 2.3.2010 passed by the High Court Division in Writ Petition No.8283 of 2005.)
With
...... There shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 83
.... Court
Appellate Division
(Civil Appellate Jurisdiction)
Present:
Surendra Kumar Sinha CJ
Nazmun Ara Sultana J
Syed Mahmud Hossain J
Hasan Foez Siddique J
Bangladesh Legal Aid and Services Trust (BLAST)
and others ......................................App......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
......the Respondent ((In Criminal Petition No.374 of 2011)
Mahbubey Alam, Attorney General for the Respondent (In all the Jail Petitions)
Civil appeal no.116 of 2010.
(From the judgment and order dated Division in Writ Petition No.8283 of2.3.2010 passed by the High Court 2005.)
With
......ere shall be no mandatory sentence of death in respect of an offence of murder committed by an offender who is under a sentence of life imprisonment.
Ed.
This Case is also Reported in:
..
Category: Criminal Law, Women and Children | Date: 5 May, 2015 | Hits: 86
Hossain Ali and Others Vs. Government of Bangladesh and Others, 2015, 44 CLC (HCD)
..... This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ......ession in their respective case lands in the draft record-of-rights challenging their tenancy; the Revenue Officer after hearing the parties rejected the objection cases of the respondent No. 5, vide order dated 17-1-2002 Annexure-G. 5. Being aggrieved by the aforesaid rejection order, the resp......est possible amount of time preferably within 3(three) months from the date of receipt of the judgment of this court. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 37 ..Category: Property Law, Tenancy Law | Date: 30 Apr, 2015 | Hits: 4
State Vs. Abdus Salam and others, 2015, 44 CLC (AD)
.... Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the order of acquittal unless the approach made by the lower Court to the consideration of ......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ......p;…………Respondents Judgment April 29, 2015. Result: The appeal is allowed in part. Jurisdiction of this Court in dealing with an appeal against an order of acquittal is circumscribed by the limitation that no interference is to be made with the or......urrender before the concerned Court, the Chief Judicial Magistrate of Sylhet shall take step to take them in custody. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 376 ..Category: Criminal Law, Procedural Law | Date: 29 Apr, 2015 | Hits: 10
Rukunuddin Mollah (Md.) and others Vs. Artha Rin Adalat 2nd Court and others, 2015, 44 CLC (HCD)
....dra Mondal Case, 39 CWN, 1295; Midnapur Zamindary Co. Ltd. Vs. Abdul Jalil Mia, 37 CWN 500 (1933); Motion Vs. Harris reported in 1892 AC 547; Shafiuddin Kazi alias "Safiruddin Vs. Moslem Ali Howlader, 12 DLR (1960), 266; Darap Ali Sadagar Vs. Najir Ahamed, 50 ILR (1923) (Cal) 394; Pethaperumal ......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ......ed 16-5-2013 and Order No.22 dated 5-6-2013 (Annexure 'E-3') passed in Artha Execution Case No. 69 of 2013 and Order No. 33 dated 3-7-21013 passed In Miscellaneous Case No. 28 of 2013 all the orders passed by Artha Rin Adalat, 2nd Court, Dhaka shall not be declared to have been passed withou......e Rule is hereby recalled and stand vacated. Communicate a copy of this Judgment and Order to the Court concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 287. ..Category: Banking Law, Others | Date: 27 Apr, 2015 | Hits: 10
Hasina Ahmed Vs. State, 2015, 44 CLC (HCD)
....;………Opposite Parties Judgment April 20, 2015. Result: The Rule is discharged. Case Referred to- Mirza Vs. Government of the Peoples Republic of Bangladesh, 31 DLR (AD) 1; Basanta Chandra Ghose Vs.Emperor, AIR 1945 FC 18; Narayan Singh Nathuram Vs. S......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ......t be directed to find out and bring up Salauddin Ahmed, the husband of the petitioner, before this Court on 15-3-2015 at 10-30 AM to deal with the matter according to law and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts leadi......ry of Salauddin Ahmed whichever is earlier. In the light of the discussions made hereinbefore, the Rule is discharged. Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 343 ..Category: Criminal Law, Procedural Law | Date: 20 Apr, 2015 | Hits: 2
....nner prescribed by the Company's articles and the Companies Act.................... (13)
Case Referred to-
Jalaluddin Jafar Ali Husein Vs. Tahmid Ahmed, 6 MLR 28 = 52 DLR 141; Bangladesh Bank Vs. Sk Abul Hossain, 12 MLR (AD) 292 = 59 DLR (AD) 60; Union of India Vs. Harjeet Singh S......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
......upon the holding of such AGM.
The cost of this Application shall be borne out of the funds of the Company.
Ed.
This Case is also Reported in: 67 DLR (HCD) (2015) 326
..
Category: Company Law | Date: 15 Apr, 2015 | Hits: 7
Lutfor Rahman Mollah (Md.) and another Vs. M Safiul-Alam, 2015, 44 CLC (HCD)
....le is discharged. In deciding the question of rejection of a plaint— Court while deciding application about rejection of plaint is not permitted in law to travel beyond the averments made in the plaint although if any certain fact is brought to the notice of the Court, though not spe......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ......ppeal and affirming those dated 26-4-2011 passed by the learned Assistant judge, 2 Court, Dhaka in Title Suit No. 488 of 2010 rejecting the plaint should not be set-aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts briefly ......ourt stands vacated. Let a copy of this judgment be communicated to the Courts concerned at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 317. ..Category: Civil Law, Procedural Law | Date: 13 Apr, 2015 | Hits: 10
Anti-Corruption Commission Vs. A.A.M Habibur Rah¬man and anothers, 2015, 44 CLC (AD)
....ht to be quashed……(45) Non implicating any person as accused in a proceeding cannot be a ground for quashing the proceeding of the charge-sheeted accused when the prima-facie case had been established against him .......... (47) Investigation within Stipulated Period&mda......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ......o Appeal No. 663 of 2014 with Criminal Petition Nos. 693-98/14, and Criminal Petition Nos. 614, 621, 633-34/14 and Criminal Petition. Nos. 665, 667-70/2014, 11-13 of 2015. (From the judgment and order dated 24.04.2014 passed by the High Court Division in Criminal Miscellaneous Case Nos. 20624/1......ed to proceed with the cases in accordance with law. Accordingly, all the petitions are disposed of. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 278 ..Category: Anti-Corruption Laws, Criminal Law | Date: 12 Apr, 2015 | Hits: 8
Mafruza Sultana Vs. State and another, 2015, 44 CLC (AD)
....rrespondence to Gulshan Police Station Case No. 45 dated 16-8-2011 taking cognizance against the accused-petitioner under section 13 of the Money; Laundering Protirodh Ain, 2002. 3. The facts, leading to the filing of this criminal petition for leave to appeal, in a nutshell, are: The pros......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ....... Khurshid Alam Khan, Advocate, instructed by Mahmuda Begum, Advocate-on-Record—For Respondent No.2. Criminal Petition for Leave to Appeal No.186 of 2014. (From the judgment and order dated 20-2-2014 passed by the High Court Division in Criminal Revision No. 357 of 2013) J......efore, this criminal petition for leave to appeal is disposed of with the direction made in the body of the judgment. Ed. This Case is also Reported in: 67 DLR (AD) (2015) 227 ..Category: Criminal Law | Date: 12 Apr, 2015 | Hits: 19
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