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State Vs. Md. Ali Kibria @ Shahzijahan and others, 1990, 19 CLC (HCD)
....ion With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512.......e case was tried by the Additional Sessions Judge, 3rd Court, Dhaka and the appellant was found guilty to the charge under section 302 of the Penal Code and sentenced to death. Being aggrieved by the order of conviction, the appellant has preferred the aforesaid appeals. The learned Addi Sessions Ju......side. The condemned prisoner Mohammad Ali Kibria alias Shahjahan is set at liberty forthwith if not wanted in connection With any other case. Ed. This Case is also Reported in: 43 DLR (1991) 512...Category: Criminal Law | Date: | Hits: 93
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
..........Petitioner Vs. Abdur Rahman Dewan & others........................Opposite Parties. Judgment February 5, 1991. Cases Referred to- Dulichand Mehesriand and others Vs. Prohlad Chandra and others, 1945 Cal 50; M/s Lutfun Nahar Vs. Syeeda Hasinal Ara Begum and another, 21 DL......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......r. NK Shaha, Advocate ‑ For the Opposite. Civil Revision No. 338 of 1981 Judgment AM Mahmudur Rahman J. - This Rule is obtained by the pre‑emptor petitioner against the judgment and order of reversal passed by the learned Subordinate Judge on appeal dismissing the pre‑emption cas......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
.... of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous Appeal No. 63 of 1985 arising out of the judgment and decree dated 17.11.85 pas......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......tioner. SC Das, Advocate ‑ For the Opposite Party. Civil Revision No. 1 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule pre‑emptor petitioner calls in question the judgment and order of affirmance dated 17.9.86 of the learned Subordinate Judge, Netrakona made in Miscellaneous ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Farzana Huq Vs. Bangladesh, 1990, 19 CLC (HCD)
....Court Division (Special Original Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Naimuddin Ahmed J Farzana Huq.........................................Petitioner Vs. Bangladesh represented by the Assistant Secretary, Ministry of Home Affairs and others.....Respondents. ......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501.......0. Judgment Bimalendu Bikash Roy Chowdhury J. - In this Rule under Article 102(2)(b)(i) of the Constitution of the People's Republic of Bangladesh, the petitioner, Farzana Huq has sought for an order for release of her husband, Sanaul Haq Niru, son of Shamsuddin Ahmed of village Kirtibusdi, PS......t Narsingdi now detained in Dhaka Central Jail be set at liberty forthwith and to report compliance of the order to this Court within a week. Ed. This Case is also Reported in: 43 DLR (1991) 501...Category: Constitutional Law | Date: | Hits: 287
Ahmed Kabir Vs. Haji Mazahar Ahmed and others, 1990, 19 CLC (HCD)
.... East Pakistan, 22 DLR 646; Syed Ahmed Vs. Keshab Chandra and another, 1988 AD 60. Lawyers Involved: Rabi Shankar Chakraborty with SC Das, Advocates ‑For the Petitioner. Mustafa Niaz Muhammad ‑ For the Opposite Party. Civil Revision No. 214(c) of 1982. Judgment AM Mahmudur Rahm......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ......short but an important question of law is mooted. The question is whether the Court below committed an error of law in the decision resulting the failure of justice in disallowing revision against an order of the trial Court refusing to modify valuation of a suit as contemplated under section 8(c) o......ion of the suit after giving sufficient opportunity to both the parties. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 500. ..Category: Procedural Law | Date: | Hits: 83
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
.... discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......of 1984. Judgment Mohammad Ismailuddin Sarker J. - This Rule, at the instance of the defendant‑petitioner was issued calling upon the plaintiff‑opposite party to show cause why the impugned order Nos. 18 and 20 dated 28.8.84 and 2.9.84 respectively passed by the Commercial Court No. 1 in T......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492.......part. The impugned judgment and the decree of the lower appellate Court are partly set aside and modified with the observation as above. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is al......e. In the facts and circumstances of the case there will be no order as to costs. Let the lower Courts records be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 492...Category: Property Law | Date: | Hits: 71
Investment Corporation of Bangladesh Vs. Bata Shoe Company (Bangladesh) Ltd., 1990, 19 CLC (HCD)
.... Ed. This Case is also Reported in: 43 DLR (1991) 487. ......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ...... Petitioner. Sk. Abul Hossain, Advocate-For the Respondent. Matter No. 48 of 1988 Judgment Md. Mozammel Hoque J. -This is an application under section 38 of the Companies Act, 1913 for an order directing the respondent‑company for the rectification of the Share Register of the Members ......further directed to issue and deliver the necessary share certificates in favour of the petitioner corporation without any further delay. Ed. This Case is also Reported in: 43 DLR (1991) 487. ..Category: Company Law | Date: | Hits: 208
Delta Jute Mills Limited and another Vs. Sonali Bank and others, 1990, 19 CLC (HCD)
....lam ‑ For the Respondent No. 2. Writ Petition No. 287 of 1987. Judgment Bimalendu Bikash Roy Choudhury J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents (1) Sonali Bank, (2) Bangladesh Shilpa Bank (3) Bangla......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ...... the plaintiff. During the pendency of the said suit respondents No, 2 having taken steps for its winding up, the petitioner company filed an application for temporary injunction and the Court, by an order dated 28.6.86, directed the parties to maintain status quo till the hearing of the application......hout lawful authority and is of no legal effect. Considering the facts of the case, we, however, award cost against Respondent No. 2 only. Ed. This Case is also Reported in: 43 DLR (1991) 483. ..Category: Company Law | Date: | Hits: 213
Gulshan Ara Begum Vs. Moazzem Hossain Chowdhury and others, 1990, 19 CLC (HCD)
.... of 1987 rejecting an application under Order 9 rule 13 of the Code of Civil Procedure for setting aside the ex parte decree passed in Title Suit No. 95 of 1982 should not be set aside. 2. Facts leading to the issuance of the Rule are that the Opposite Party Nos. 1 and 2 as plaintiffs instituted ......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ......sion No. 370 of 1989. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure, opposite party Nos. 1 and 2 are directed to show cause as to why the order No. 78 dated 9.3.89 passed by the learned Subordinate Judge, 1st Court, Dhaka in Miscellaneous......h law as expeditiously as possible after giving due notices to the parties concerned Let the lower Court's records be sent down at once. Ed. This Case is also Reported in: 43 DLR (1991) 481. ..Category: Procedural Law | Date: | Hits: 68
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
.... absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. .......86 and in this manner the District Anti‑Corruption Bureau took permission on several occasions under section 167(6) CrPC. All such permissions were taken and given after the expiry of the previous order. Further permission for investigation was again sought for after the expiry of 60 days from 15......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
A M A Wajedul Islam Vs. State, 1993, 22 CLC (HCD)
....3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ......e of imprisonment for life is too harsh and imposition of fine with imprisonment for life is illegal. 6. Mr. SB Barua, learned Advocate appearing for the State, in reply submitted that the illegal order of the superior cannot save the appellant from the charge of breach of trust and pointed out s......ion No.329 (R) 1993 is accordingly disposed of and the connected Rule being Criminal Revision No.3521(R)/1991 for bail is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 243. ..Category: Criminal Law | Date: | Hits: 91
Aminuzzaman (Md.) Vs. People's Republic of Bangladesh, 1993, 22 CLC (HCD)
....h any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ...... J.- This rule calls in question the detention of detenu Mohammad Nuruzzaman alias Munna who is now being detained in custody in Dhaka Central Jail. The detenu was put in detention in pursuance of an order dated 29.1.93 passed by the District Magistrate, Dhaka under section 3(2) of the Special Power......rea, PS Danmondi, Dhaka, now being detained in Dhaka Central Jail at liberty at once if not wanted in connection with any other case. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 242. ..Category: Criminal Law | Date: | Hits: 85
Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
....l possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......the Government preferred Second Appeal before a Single Bench of the High Court Division, being Second Appeal No.395 of 1969 which was also dismissed for default on 27.3.75. Copies of the judgment and orders passed by the 1st Munsif, Khulna, the Additional District Judge, Khulna and the High Court ar......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....ppeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ......Record-For or the Appellants. Abdur Rob Chowdhury, Senior Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondent. Civil Appeal No.150 of 2002. (From the judgment and order dated the 27th day of April, 2000 passed by the Administrative Appellate Tribunal in Anneal No...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....upon the petitioner to pay wages and arrears to them since October, 1984 on the allegations, inter alia, that the petitioner 1 is a cigarette producing Industry of various kinds. On emergence of Bangladesh it was declared as abandoned under PO 16 of 1972 and was placed under Sector Corporation. The ......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......ondents. Writ Petition No.527 of 1986. Judgment A M Mahmudur Rahman J.- The petitioners by this Rule Nisi issued under Article 102 of the Constitution ask us to declare that the judgment and order passed by the Respondent 1, Labour Court, Rajshahi on August 31, 1985 in IRO Case No.6 of 1985......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....ule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......that when the Chairman and Managing Director of BCI Limited Mr. Mustafizur Rahman (accused-petitioner) was contacted, he acknowledged the liquidity crisis of his company. The Bangladesh Bank by its order dated 28.4.92 suspended the activities of the BCI Limited. It is interesting to note that alth...... benami of the relations of the Directors as on 31.12.90. In the said case accused‑petitioner Mustafizur Rahman was taken into custody on 12.5.92 by a Division Bench of this Court refusing to grant anticipatory bail, but subsequently the accused‑petitioner succeeded in getting art order of bail ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....s also Reported in: 45 DLR (HCD) (1993) 223. ......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......dispute that the land had been fully utilized by Appellant Bangladesh even before the publication of acquisition of the land in question in the official Gazette. Though the land was fully utilized no order of acquisition of the same was finally made and as such the respondent was compelled to move a......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ..Category: Property Law | Date: | Hits: 76
Abdul Matin Sarker Vs. Election Commission and others, 1993, 22 CLC (HCD)
....ondent No. 4. Writ Petition No.102 of 1993. Judgment Anwarul Hoque Choudhury J.- This Rule arises out of an application under Article 102 of the Constitution of the People's Republic of Bangladesh and is directed against the alleged illegality of the acceptance of the nomination paper of Ab......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ......espondent No.4 and other candidates for the purpose of the election. 0n 6.1.93 was the date for scrutiny. The respondent No.3, wrote a letter dated 6.1.93 to the House Building Finance Corporation in order to ascertain whether respondent No.4 is a defaulter within the meaning of sec.10(2)(g) of the ......er as prayed for in Court after being certified by the Registrar of this Court by today as the election is due on 30th of this month. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 220. ..Category: Election Law | Date: | Hits: 126
Surat Ali (Md) Vs. Administrator of Waqfs and others, 1991, 20 CLC (HCD)
....romise petition. Thereafter the petitioner's brother and others filed Title Suit No.24 of 1960 for declaration that the properties of Abdur Rahim were not waqf properties asked the compromise decree made in Title Suit No.45 of 1957 and enrolment of the properties as waqf properties with the Administ......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ...... Writ Petition No.396 of 1985. Judgment AM Mahmudur Rahman J.- By this Rule Nishi issued under Article 102 of our Constitution the respondents have been called upon to show cause as to why the orders dated 14.8.85 passed by the respondent No.1 declaring the Baitul Aman Mosque “a waqf by use......en passed without any lawful authority and are of no legal effect. In the result, the rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 218. ..Category: Trust/Waqf Law | Date: | Hits: 183