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Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
....uantity of land from the owners or the heirs of the owners managed to get their names substituted and as such, these accused were not affected persons under rules 11 and 15 of DIT (Allotment of land) Rules, 1969, that the accused No.1 had dishonest intention i.e. mens-rea behind the passing of the o......s. 49, 49A, 49B, and 49C within Kawran Bazar Commercial Area including the building/structures thereon known as Janata Tower is maintained. Ed. This Case is also Reported in: 53 DLR (2001) 102. ..Category: Property Law | Date: | Hits: 33
Mosharaf Hossain (Md) @ Mash Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... the Petitioner. Fazlul Hoque Chowdhury, Assistant Attorney- General— For the State. Criminal Miscellaneous Case No.3613 of 2000. Judgment Md. Hamidul Haque J.- By this Rule opposite parties were called upon to show cause as to why the detenu Md Mosharaf Hossain now de......made on 24-6-99 had no legal existence or legal force, after expiry of thirty days from that date. So, the detention of the detenu Mosharaf Hossain in June, 2000 based on an order made in June, 99 is absolutely illegal. 10. In this connection, we have also perused the provisions of section 7 ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....ssain, Advocate—For the Petitioner. FKM Ahsan Mahbub, Assistant Attorney- General—For the State. Criminal Revision No. 350 of 1996. Judgment Gour Gopal Saha J.- This Rule is directed against the judgment and order dated 12-11-1995 passed by the learned Additional Se......n accordance with law, the impugned judgment and order dated 12-11-1995 passed by the learned Additional Sessions Judge, Faridpur is liable to be set aside. 13. In the result, the Rule is made absolute and the impugned judgment and order dated 12-11-1995 passed by the learned Additional Sessi..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....h Chandra Biswas, Advocate- For the Petitioner. Not represented- the Opposite Party. Civil Revision No. 1164 of 1991. Judgment AK Badrul Huq J. - The subject matter of challenge in this Rule arising out of an application under section 115 of the Code of Civil Procedure is judgment and ......at the same may be disposed of as immediately as possible and a direction is accorded to the Court below accordingly. 7. On conspectus, the inevitable conclusion that flows is that the Rule is absolutely without any substance and the same must be discharged. The Rule is accordingly, discharge..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....ain, Advocate-For the Petitioner. Syed Mahmud Hossain, Deputy Attorney General—For the Respondents. Writ Petition No. 228 of 1993. Judgment Nazmun Ara Sultana J. - This Rule Nisi was issued calling upon the respondents to show cause to why the inclusion of Holding No. ......ndoned properties before 24-01-93. So in these circumstances we find that the petitioner now having no other alternative remedy is entitled to file this writ petition. In the result, the Rule is made absolute without an as to costs. It is declared that the inclusion of holding No. 16/14 Block Mohamm..Category: Property Law | Date: | Hits: 18
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....aging Director by the respondent No. 2 there has been mismanagement or unfair management in the affairs of the company or whether the usurpation of powers of the Managing Director in violation of the Rules of the company i.e. the Articles of Association, is oppressive and prejudicial to the interest......s pursuant to the letter dated 16-4-1998. With the aforesaid directions the application is allowed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 81. ..Category: Business or Commercial Law | Date: | Hits: 198
Safiqueuddin Ahmed (Md) and another Vs. House Building Finance Corporation, 2000, 29 CLC (HCD)
.... Shaheed Alam, Advocate — For the Opposite Party. Civil Revision No.8745 of 1991(Dhaka) Civil Revision No.195 of 1989(Rangpur) Judgment Md. Joynul Abedin J.- This Rule calls in question the order dated 7.2.1989 passed by the learned District Judge, Dinajpur in Mi......ated 7-2-1989 passed by the learned District Judge in Miscellaneous Case No. 36 of 1984 is hereby affirmed without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 80. ..Category: Procedural Law | Date: | Hits: 78
Shafiqur Rahman Vs. Bangladesh Jatiya Samabaya Bank, 2000, 29 CLC (HCD)
.... AJ Mohammad Ali, Advocate—For the Petitioner. MMA Azim Khair, Advocate— For the Opposite Party. Civil Revision No. 681 of 1986. Judgment Md. Abdur Rashid J. - This Rule was obtained by the judgment-debtor upon making an application under section 115 of the Code of......or of law in rejecting the application for dismissal of the time barred execution proceeding which resulted in an error in its decision occasioning failure of justice. In the result, the Rule is made absolute. No order as to cost. Money Execution Case No. 76 of 1985 is dismissed. Communicate this or..Category: Civil Law | Date: | Hits: 82
Arif Rahman Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)
.... Writ Petition No. 1995 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner by this petition filed under Articles 102(1) and 2(a) of the Constitution prays for issuance of a Rule Nisi upon the respondents to show cause as to why the order dated 23-6-98 imposing the suppleme......, we are of the opinion that petition is liable to be rejected. Accordingly, we reject this petition without an order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 76. ..Category: Fiscal/Taxation Law | Date: | Hits: 65
Aleya Begum and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
.... Islam, Advocate — For the Petitioners. Shahabuddin Ahmad, Deputy Attorney-General— For Respondent No. 2. Writ Petition No. 729 of 1998. Judgment Md Abdul Quddus J. - Rule was issued und Article 102 of the Constitution calling upon respondents to show cause as to why......nciple of natural justice was not observed by the respondents by strict compliance of the provisions of Act XXIV of 1970 before so-called illegal eviction. He thus contends that the Rule must be made absolute. 16. Learned Deputy Attorney-General appearing for respondent Nos. 1 and 2 submits t..Category: Property Law | Date: | Hits: 60
Nurul Islam Monzoor Vs. State and another, 2000, 29 CLC (HCD)
....ail (opposite party No. 2) for information and compliance and also to the learned Metropolitan Sessions Judge, Dhaka for compliance. Ed. This Case is also Reported in: 53 DLR (2001) 59. ......espect also as to the calculation of actual working days of the Court. Moreover, on perusal of the provision of section 339C (4) of the Code, we are of the view that in the said provision there is no absolute direction to allow bail to the accused, even in Case failure to complete the trial within t..Category: Criminal Law | Date: | Hits: 26
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....e Opposite Party Nos. 2-7. Deb Das Samadder with Tapash Kumar Biswas, Advocates—For the Opposite Party Nos. 1 & 8. Civil Revision No.172 of 1997. Judgment Md. Abdur Rashid J.- This Rule was obtained by plaintiff upon making an application under section 115 of the Code of Civil Pro......he parties so pray and the Court think fit to allow. 36. For the reasons stated above, in my judgment, the Case should be sent back on remand to the trial Court. In the result, the Rule is made absolute. The judgments and decrees of both the Courts below are set aside. The Case is sent back on..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
....hmed, Advocate — For the Petitioners. AKM Enayet Hossain, Advocate — For the Opposite Party No. 1. Civil Revision No. 253 of 1996. Judgment Md. Abdur Rashid J. - This Rule was obtained by the defendants upon an application under section 115 of the Code of Civil Proce......the Rule hereby stands vacated. Let the records be sent down at once so that the suit may be heard and disposed of as early as possible. Ed. This Case is also Reported in: 53 DLR (2000) 48. ..Category: Administrative Law | Date: | Hits: 165
Moshiur Rahman (Md.) Vs. State, 2000, 29 CLC (HCD)
....ilesh Dutta, Deputy Attorney-General with Md. Mostafa, Assistant Attorney-General-For the State. Criminal Miscellaneous Case No.5578 of 1999. Judgment ABM Khairul Haque J.- This Rule, und section 561A of the Code of Criminal Procedure was issued at the instance of the petitione......¦¾ হউক।“ 27. Any action taken on the basis of the above noted illegal and invalid observations and recommendation is also declared invalid. 28. In the result, the Rule is made absolute. Let copies of this judgment and order be forwarded to the learned Sessions Judge and the p..Category: Criminal Law | Date: | Hits: 29
....o. 95 of 2000.
Judgment
Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show cause as to why the impugned order dated 22-11-1999 (......tioner), in our view, is nothing but for proper communication with the owner of the house. In the present Case, as the whereabouts of the owner is well known so the issuance of notice to the owner is absolutely the correct procedure and is a constructive notice to the occupier. Moreover, Annexures-7..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....s. Md. Ozair Farooq with Sheikh Awsaful Rahman and SK Md Morshed, Advocates—For the Opposite Parties. Civil Revision No. 2757 of 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. ......sion took pains to call for the records from the office of the Collector and after examination the record the High Court Division found that basic document i.e. CS record of rights by plaintiffs, was absolutely forged and concocted. In this connection, it may be mentioned that before trial Court an ..Category: Property Law | Date: | Hits: 61
Shaher Khatun & others Vs. State and another, 2000, 29 CLC (HCD)
....ata Saha, Advocate — For the Petitioners. Md. Amjad Hossain, Advocate — For the Opposite Parties. Criminal Miscellaneous Case No. 3493 of 1995. Judgment Surendra Kumar Sinha J.- This Rule arises upon an application filed by the accused petitioners under section 561A of the Code of C...... 15-19 Md. Jaher Ali, Md. Sadeque Ali, Abdul Karim, Md. Amir Ali and Md. Emran Ali hereby confirmed in the facts and circumstances the Case. Ed. This Case is also Reported in: 53 DLR (2001) 19. ..Category: Criminal Law | Date: | Hits: 59
.... Rahinan Mostafa, Deputy Attorney- General with Mushfiqur Rahman Khan, Assistant Attorney-General — For the Respondents.
Writ Petition No. 2871 of 1999.
Judgment
Md Faziul Karim J. - This Rule was issued calling upon the respondents to show cause as to why the lifting of the sex-workers ......rate who declared them vagrants under the Vagrancy Act and on enquiry released them being satisfied that they were not vagrants. The action and steps taken regarding the workers in question were done absolutely with a good, honest and bonafide intention for rehabilitating these socially disadvantage..
Category: Constitutional Law | Date: | Hits: 264
State Vs. A Haque alias Abdul Hoque and others, 2010, 39 CLC (AD)
....inal Miscellaneous case No. No.27555 of 2009 which arose out of Pakundia Police Station Case No.05 dated 04-11-2009 now pending in the court of Chief Judicial Magistrate, Kishorganj while issuing the Rule granted anticipatory bail for a period of 6(six) months. 3. Heard the learned Additional......on is accordingly discharged and the respondents herein are directed to surrender before the concerned court within 7(seven) days. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 151. ..Category: Criminal Law | Date: | Hits: 30
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
.... Mohammad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order elated 09,08.2008 passed by the High Court Division in Writ Petition No.5291 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the respondent No.1 and the petit......mmad Fazlul Karim J.- This Petition for Leave to Appeal is directed against the judgment and order elated 09,08.2008 passed by the High Court Division in Writ Petition No.5291 of 2006 making the Rule absolute. 2. The facts of the case, in short, are that the respondent No.1 and the petitioner..Category: Property Law | Date: | Hits: 26
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