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Aftab Hossain (Md) Vs. Secretary, Ministry of Home Affairs, Government of People’s Republic of Bangladesh, Secretariat & ors., 2001, 30 CLC (HCD)

.... at liberty at once, if not required in any other case. Let an advance order be sent to Superintendent, Barisal Jail, Barisal immediately. Ed. This Case is also Reported in: 54 DLR (2002) 266.......ount overall law and order situation felt satisfied that the detenu is required to be detained with a view to prevent him from doing prejudicial act obstructing law and order. 10. Section 3 of the Special Powers Act, 1974 confers power and authority upon Government machinery and Executive to deta......able of legal justification, is the basis of jurisdiction in habeas corpus. In any matter involving the liberty of the subject the action of Executive is subject to the supervision and control of the Judges on habeas corpus, Judges are guardians of liberty of the subject. Judges are to see that the ..

Category: Criminal Law | Date: | Hits: 39

Kalandiar Kabir Vs. Bangladesh and others, 2002, 31 CLC (HCD)

....ntral Jail, Dhaka is being held in custody without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ...... without any lawful authority and he be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 54 DLR (2002) 258. ......tter of criminal trial”. There is another case reported in the same volume of AIR 1974 at 2154. This is the case of H Saha Vs. State of West Bengal. In this case the Bench was constituted with five Judges including the Chief Justice of the Supreme Court of India. In this case, the Court has observ..

Category: Constitutional Law | Date: | Hits: 195

Nure Alam and others Vs. State, 2002, 31 CLC (HCD)

....oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......oner, Tangail will take immediate step to secure his arrest to serve out the sentence. Send down the lower Court’s record immediately. Ed. This Case is also Reported in: 54 DLR (2002) 242. ......convict appellants Nur-e-Alam, Md Abdur Razzaque, Md Joynal Haque alias Joynal, Nurul Islam and Md Lebu Miah against (the judgment and order dated 12-10-1993 passed by the learned Additional Sessions Judge, 1st Court, Tangail in Sessions Case No. 102 of 1991 convicting the appellants under sections ..

Category: Criminal Law | Date: | Hits: 42

Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)

....rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206.......uha, Advocate—For the Respondents. Original Order No.10 of 1992. Judgment Gour Gopal Saha J. - This appeal is directed against the judgment and order dated 28-11-91 passed by the District Judge, Barguna in Review Case No.3 of 1991 under Order 47 rule 1 of the Code of Civil Procedure, ari..

Category: Procedural Law | Date: | Hits: 81

Bashiruddin (Md) Vs. Bangladesh and others, 1999, 18 CLC (HCD)

....ow cause as to why the order dated 22-3-1999 passed by the respondent No. 2. Member, Land Appeal Board in Appeal No. 2-34-98 (Appeal) Sunamgonj (Annexure F) affirming the order dated 12-2-1998 of the Divisional Commissioner, Sylhet passed in Revenue (Rajaswa) Miscellaneous Appeal No.150 of 1998 (Ann...... In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201.......t of the petitioner is not a merited one. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 201...

Category: Property Law | Date: | Hits: 33

Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)

....e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......ivil Revision No. 4687 of 1998. Judgment Md. Abdul Aziz J .- Defendant No.1 as petitioner obtained this Rule challenging the order dated 21-9-1998 passed by Mr. Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Co..

Category: Property Law | Date: | Hits: 64

Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)

....to cost and the stay order 23-3-98 staying further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ......further proceeding of case No.1/98 pending before the Election Tribunal is hereby vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 189. ...... Judgment Mohammad Fazlul Karim J.- This Rule Nisi, at the instance of the returned candidate petitioner, is directed against order 10 dated 30-7-97 passed by the Election Tribunal and Assistant Judge, Maheshkhali Cox’s Bazar in Election Tribunal Case No.1 of 1998 allowing amendment of the El..

Category: Election Law | Date: | Hits: 78

Khorshed Alam (Md) Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others, 2001, 30 CLC (HCD)

....date. Let a copy of this judgment be served upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......rved upon Mr. Mahbubul Islam, the Judge-in-Charge (now Joint District Judge) for future guidance. Ed. This Case is also Reported in: 54 DLR (2002) 239. ......Court Division (Special Original Jurisdiction) Present: Md. Abdul Matin J Md. Marzi-ul-Huq J Khorshed Alam (Md)………………………………… Petitioner Vs. Subordinate Judge and Artha Rin Adalat No. 1 and others………………………Respondents Judgment Nov..

Category: Civil Law | Date: | Hits: 76

Elders Ltd. Vs. Sunil Chandra Chowdhury & another, 2002, 31 CLC (HCD)

.... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ...... sentence him to pay fine of Taka 2,000 (two thousand) only and in default to suffer simple imprisonment for a period of 15 (fifteen) days. Ed. This Case is also Reported in: 54 DLR (2002) 227. ......, namely, Rectification Case Nos. 301 of 2000 and 302 of 2000 respectively for removal of the registered marks of the petitioner. The said company also filed a Title Suit before the Court of District Judge, Dhaka, being Title Suit No. 30 of 2000 wherein they also filed an application for injunction ..

Category: Intellectual Property Law | Date: | Hits: 181

Santi Bhusan Deb Vs. Principal Officer, Samabaya Bank Ltd., 2001, 30 CLC (HCD)

....e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ......e affirmed. The order of stay granted by this Court stands vacated. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 224. ...... the Code of Civil Procedure (Act V of 1908) at the instance of the petitioner-respondent Santi Bushan Deb is directed against the judgment and order dated 30-4-1994 passed by the learned Subordinate Judge, 2nd Court, Comilla in Miscellaneous Appeal No.127 of 1992 reversing the judgment and order da..

Category: Property Law | Date: | Hits: 34

Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)

....e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ...... Revision No. 3671 of 2000. Judgment Hasan Foez Siddique J. - This Rule, at the instance of the defendant-petitioner, is directed against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeki..

Category: Property Law | Date: | Hits: 28

Pubali Bank Vs. Kalaroa Ice and Cold Storage Ltd. Kalaroa, Satkhira and others, 2000, 29 CLC (HCD)

....ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217.......ed and the learned Subordinate Judge is directed to dispose of the aforesaid money execution cases in terms of the observation as made above. Ed. This Case is also Reported in: 54 DLR (2002) 217........ In Civil Revision Nos. 1127, 1128 and 1129 of 1993, Rules were issued calling upon opposite party i.e. Pubali Bank to show cause as to why the orders dated 16-3-93 passed by the learned Subordinate Judge, Satkhira in Money Execution Case Nos. 5 of 1988 and 11 and 12 of 1990 respectively should not..

Category: Civil Law | Date: | Hits: 82

Sukurjan Bibi Vs. Chairman, Court of Settlement, Dhaka, 2001, 30 CLC (HCD)

.... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ......le opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ...... accordance with law after giving reasonable opportunity to the parties of being heard and also adducing evidence both oral and documentary. Ed. This Case is also Reported in: 54 DLR (2002)215. ..

Category: Property Law | Date: | Hits: 37

Kashem Vs. State, 2001, 30 CLC (HCD)

....the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ...... Assistant Attorney-General—For the State. Criminal Appeal No. 1626 of 1996. Judgment Gour Gopal Saha J.- This appeal is directed against the judgment and order dated 29-9-96 passed by the Special Tribunal No. 5, Kishoregonj in Special Tribunal Case No. 63 of 1995, arising out of GR Case ......the learned Special Tribunal, Kishoregonj in Special Tribunal Case No. 63 of 1995 is affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)212. ..

Category: Criminal Law | Date: | Hits: 37

Jiban Bima Corporation represented by its MD Vs. Md. Mohibul Majid and another, 1999, 28 CLC (HCD)

.... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ...... within 3 months from the date of receipt of the order. Communicate the order to the leaned Assistant Judge, 4th Court, Dhaka at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 186. ......afiq Ahmed, Advocate—For the Opposite Parties. Civil Revision No. 1268 of 1989. Judgment Gour Gopal Saha J. - This Rule is directed against the order dated 10-8-89 passed by the Assistant Judge, 4th Court, Dhaka in Title Execution Case No.2 of 1987 rejecting the petitioners prayer for ex..

Category: Procedural Law | Date: | Hits: 79

Idris alias Jamai Idris Vs. State, 2000, 29 CLC (HCD)

....n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......n also cannot be a ground for quashing the proceedings against the present petitioner. The application is, thus, summarily rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 184.......er section 561A of the Code of Criminal Procedure for quashing the proceedings in respect of the present petitioner of Sessions Case No. 83 of 1997 pending in the Court of learned Additional Sessions Judge, Khulna. 2. Mr. Md. Abdus Sobhan, learned Advocate for the petitioner, has submitted that t..

Category: Procedural Law | Date: | Hits: 65

Joynal Bhuiyan & another Vs. State, 2000, 29 CLC (HCD)

....er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......er, Tangail are hereby directed to take necessary steps to apprehend allellant No. 2 Sultan Bhuiyan Send down the records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 179. ......riminal Appeal No. 148 of 1985. Judgment Md. Abdul Aziz J. - This appeal is directed against the judgment and order of conviction and sentence dated 25-5-85 passed by Mr. AKM Sadeque, Sessions Judge, Tangail in Sessions Case No.111 of 1984 convicting appellant No.1 Joynal Bhuiyan under sectio..

Category: Criminal Law | Date: | Hits: 28

State Vs. Moslem, 2002, 31 CLC (HCD)

....upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......upon condemned prisoner is maintained and Death Sentence imposed upon him is confirmed. Sentence shall be executed ill accordance with law. Ed. This Case is also Reported in: 55 DLR (2003) 116. ......of crime. It is to be kept in view that it is the nature and gravity of crime and not the criminal which are germane in awarding conviction and imposing appropriate punishment. In the matter in hand, Judge, Nari-O-Shishu Nirjatan Daman Bishesh Adalat, Manikganj responded to the cry of justice from s..

Category: Criminal Law | Date: | Hits: 82

Shebait Mohanta Sree Kedar Nath Achari Vs. Sree Khitish Chandra Bhattacharya and another, 1999, 28 CLC (HCD)

.... this order. Communicate the order to the Courts below. The application for vacating the order of stay is disposed of accordingly. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 176. ......ness No. 4 Habibur Rahman and witness No. 5 Anisur Rahman. 10. It has already been noticed that petitioner was in possession from 6-6-91 upto some time after the dismissal of Criminal Petition for Special Leave a of Appeal No. 96 of 1998 on 4-6-98 on the basis of order of stay passed in Criminal ......instance of the 2nd party petitioner Shebait Mobanta Sree Kedar Nath Achari calling upon the opposite parties to show cause as to why judgment and order date 28-2-99 passed by the Additional Sessions Judge, Nawabganj in Criminal Revision No.61 of 1998 should not be set aside. 2. It may be mention..

Category: Criminal Law | Date: | Hits: 32

Maksuda Begum Vs. Secretary, Ministry of Home Affairs and 2 others, 1999, 28 CLC (HCD)

....ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174....... be dealt with in accordance with law. 2. The detenu was detained by order dated 19-9-1999 issued by District Magistrate, Barisal who was detained for a period of 30 days under section 3(2) of the Special Powers Act and the grounds of detention were communicated to him on 20-9-1999. Thereafter, G......ained in Dhaka Central Jail, is declared illegal and the said detenu be set at liberty forthwith if not wanted in any other connection. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 174...

Category: Criminal Law | Date: | Hits: 44