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Ataur Rahman Khan Vs. Md. Nasim and another, 1999, 28 CLC (HCD)

....rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ......or the Government. Contempt Petition Case No. 57 of 1999. Judgment Md. Mozammel Hoque J. - This is an under Article 108 of the Constitution of the People’s Republic of Bangladesh praying for drawing up a proceeding for committing contempt of Court against Mr. Mohammad Nasim, a Member of......rily rejected the application, the question of granting certificate does not arise and, as such, the prayer for certificate is refused. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 16. ...... October 28, 1999. Cases Referred To- Cyril Sikdar Vs. Nazmul Huda, 46 DLR 555; AIR 1965 (SC) 745, Tei Kiran and others Vs. M Sanjiva Reddy and others, AIR 1970 (SC) 1573; 47 DLR (AD) 111. Lawyers Involved: Moudud Ahmed with Khondker Mahbubuddin Ahmed, AM Mahbubuddin and Iyreen Mahbub..

Category: Criminal Law | Date: | Hits: 54

Bangladesh Legal Aid and Services Trust (BLAST) Vs. Bangladesh and Others, 1999, 28 CLC (HCD)

....a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......tained in Dhaka Central jail, Dhaka vide Memo No. Miscellaneous Case No. 1586 of 1998 dated 22-12-98 (Annexure-B to the petition) issued under the signature of respondent No.2 should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without a......a copy of this order to the home Ministry and IGP for their information and necessary action in the light of observations in the judgment. Ed. This Case is also Reported in: 4 BLC (1999), 600. ......) 494; Rendal Sah Vs. State of Bihar, (1983) 3 SCR 508 (AIR 1983 (SC) 1086); Sebastian M Hongony Vs. Union of India, AIR 1984 (SC) 1026; Md Shahnewaz Vs. Govt of Bangladesh, 18 BLD 337=50 DLR 633. Lawyers Involved: MK Rahman with Idrisur Rahman, Advocates-For the Petitioner Obaidur Rahman M..

Category: Criminal Law | Date: | Hits: 106

Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2004, 33 CLC (HCD)

....is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......n the respondents to show cause as to why they should not be directed to conduct an immediate review of the cases of the prisoners and other 155 ‘under trial’ prisoners held in Dhaka Central Jail for periods over 360 days and to submit the report of the result of the review to this court within ......is judgment be communicated (1) to the Office of the Attorney-General and (2) the Secretary, Prime Minister’s Office for necessary action. Ed. This Case is also Reported in: 57 DLR (2005), 11.......ladesh Legal Aid and Services Trust…………………Petitioner Vs. Bangladesh and others……………………………………………….Respondents Judgment August 3, 2004. Lawyers Involved: Md. Nizamul Haque, Advocate- For the Petitioner. Adilur Rahman Khan, Deputy..

Category: Criminal Law | Date: | Hits: 45

Sudhangshu Shekhar Haldar Vs. Moulana Delwar Hossain Saydee and others, 1998, 27 CLC (HCD)

....ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ...... Respondents. FMA No. 144 of 1997. Judgment Md. Abdul Karim J. - This application on behalf of respondent No.1 Moulana Delwar Hossain Saydee in First Miscellaneous Appeal No.144 of 1997 is for an order dismissing the appeal on the preliminary point of maintainability. 2. The facts of t......ion only. Mr. Abdur Razzaque, learned Advocate, prays for adjournment of ten days for hearing of the appeals. The prayer is allowed. Ed. This case is also Reported in: 52 DLR (HCD) (200) 58. ......, 1998. Cases Referred To- Pateshwari Din Vs. Mahant Sarju Das AIR 1938 Oudh 18; Kalipada Saha Vs. Nitya Nanda Saha, 5 DLR 285; Raja Run Bahadoor Singh Vs. Lachoo Koer 12 IA 23 (8 & 14). Lawyers Involved: Khandker Mahbubuddin Ahmed, with Md. Abdur Razzak, SM Emdadul Haque, Md. Mizanu..

Category: Election Law | Date: | Hits: 159

Satya Narayan Poddar Vs. State, 2001, 30 CLC (HCD)

....charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......No.299 of 2000/167 of 2000 now pending in the Court of Magistrate, 1St Class, Narayanganj should not be quashed. 2. In this Rule only question raised is whether filing of a petition of complaint before the cause of action arose can be a ground for quashing the proceeding. In the instant case, a c......charged. Stay granted earlier is vacated and he learned Magistrate is directed to dispose of the case expeditiously in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 403. ......Poddar………………..Petitioner Vs. State and another………… Respondents Judgment July 11, 2001. Case Referred To- Abdur Rahman Vs. Maklis Ali as 31 DLR (AD) 118. Lawyers Involved: Ismail Hossain, Advocate—For the Petitioner. Nurul Haque, Advocate—For ..

Category: Criminal Law | Date: | Hits: 35

Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)

....ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......d decree dated 26-11-1996 passed by the 4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ...... Vs. Ayub Ali Mollah………………………………Opposite Party Judgment February 25, 1998. Case Referred To- Ramijan Ali Ministry Vs. Md. Hedayetullah 31 DLR (AD) 183. Lawyers Involved: Md. Fazlul Karim, Advocate—For the Petitioners. M Rezaul Karim, Advocate..

Category: Tenancy Law | Date: | Hits: 148

Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)

....uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......n application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specifi......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......ction) Present: Md. Abdur Rashid J Jebun Nessa Zaman and Others…………………… Petitioners Vs. Hosne Ara Lili…………..Opposite Party Judgment March 16, 2001. Lawyers Involved: Shafique Ahmed with Shahidul Islam, Advocates- For the Petitioners. Jamirud..

Category: Civil Law | Date: | Hits: 82

Amzad Hossain Vs. State and another, 2009, 38 CLC (AD)

....e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. ......n-Record- For the Petitioner. Khurshid Alam Khan, Advocate, instructed by Syed M Rahman, Advocate-on-Record—For the Respondent No. 2. Not Represented—Respondent No. 1. Criminal Petition for Leave to Appeal No.159 of 2009. (From the judgment and order dated 3-3-2009 passed by the Hig......e of the Metropolitan Additional Sessions Judge for disposal shall remain unaffected. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 288. .......Petitioner Vs. State and another……………………………...Respondent Judgment November 16, 2009. Case Referred To- Abdul Kader Mirza Vs. Bangladesh, 60 DLR (AD) 185. Lawyers Involved: AKM Shafiqul Alam, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Re..

Category: Criminal Law | Date: | Hits: 34

BLAST Vs. Government of the People’s Republic of Bangladesh and others, 2007, 36 CLC (HCD)

.... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325.......slam, Advocate-For Respondent No. 12. Writ Petition No. 5915 of 2005 Judgment SM Ziaul Karim J.- This Rule Nisi was issued, calling upon the respondents to show cause as to why threatening for eviction of the petitioner Nos. 2-5 and thousand other slum dwellers from their peaceful possess...... With the above observations the Rule is disposed of without any order as to cost. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (2008) 384, 8 LG (2011) HCD 325....... Tellis Vs. Bombay Municipal Corporation, AIR 1986 SC 180=(1985) 3 SCC 454; Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh, 1999 BLD 488=4 BLC 590 and Kalam Vs. Bangladesh, 2001, BLD 446. Lawyers Involved: Sara Kamal with Md. Idrisur Rahman, Pratikar Chakma and Amatul Karim, Advocates..

Category: Constitutional Law | Date: | Hits: 171

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two

....ffice is directed to send a copy of this judgment to the Secretary, Law Commission, Dhaka, for perusal and necessary action. Ed. This Case is also Reported in: 57 DLR (2005) 359. Part One ......e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C......d circumstances of the case, amount to gross contempt. 157. In a signed article, "The nation must ponder” published in the new edition on March 30, 1983, Lt. General HM Ershad, the than Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:……......tances of the case, amount to gross contempt. 157. In a signed article, "The nation must ponder” published in the new edition on March 30, 1983, Lt. General HM Ershad, the than Chief Martial Law Administrator, expressed his views on the role of the Supreme Court. He wrote:……………..

Category: Criminal Law | Date: | Hits: 130

Mohshinul Islam Vs. Rajdhani Unnayan Kartripakkha and others, 1999, 28 CLC (HCD)

....esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ......ut any lawful authority and of no legal effect and the respondents were directed not to change the nature and character of the lands earmarked in the original master plan (possibly meant layout plan) for community purpose, recreation and other non-residential purposes. This Rule was directed to be h......esult, both the Rules are made absolute in part without any order as to cost with the above declaration and direction. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 12.   ...... Judgment June 9, 1999. Cases Referred To- Giasuddin vs. Dhaka Municipal Corporations 17 BLD 577=49 DLR 199; Miah Fazal Din vs. Lahore Improvement Trust 21 DLR (SC) 225 (13 & 14). Lawyers Involved: GS Huq with Syed Haider Ali, Advocates-For the Petitioner. AF Hassan Ariff ..

Category: Property Law | Date: | Hits: 55

Shah Alam Patwari (Md) Vs. Md. Siddiqur Rahman Bhuiyan and others, 2001, 30 CLC (HCD)

....f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ......7. In the election, AHM, Khaleque since deceased, was elected Chairman. 3. Opposite party No.1 Siddiqur Rahman Bhuiyan challenged the election of said AHM Khaleque by making an election petition before the above Election Tribunal on various grounds of illegal and corrupt practices. He also prayed......f status quo granted at the time of issue of the above Rule on 24-06-2001 is hereby recalled and vacated. Communicate this order at once. Ed. This Case is also Reported in: 53 DLR (2001) 390. ...... May 16, 2001. Cases Referred To- Moulana Delwar Hossain Saydee Vs. Sudhanshu Shekhar Halder and others, 52 DLR (AD) 20; Nur Hossain Vs. Election Tribunal, Cox’s Bazar, 27 DLR (AD) 117. Lawyers Involved: Mainul Hosein with Md. lqbal Malik and Mozammel Hoque, Advocates — For the P..

Category: Election Law | Date: | Hits: 79

National Sports Council Vs. A Latif and Company, 2001, 30 CLC (HCD)

....rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ......de of Civil Procedure against an order dated 19-11-1998 passed by Subordinate Judge 5th Court, Dhaka in Arbitration Miscellaneous Case No. 16 of 1998 by which an arbitrator was appointed by the Court for each of the parties. 2. Opposite party, the contractor, made an application under section 8(2......rty made under section 8(2) of the Arbitration Act is rejected. Order of stay granted at the time of issue of the Rule is hereby re-called. Ed. This Case is also Reported in: 53 DLR (2001) 386. ...... Lahore 208; British Airways PLC Vs. Bang Air Services Pvt 47 DLR 544; Union of India Vs. DP Singh, AIR 1961 Patna 228; State of Orissa and others Vs. BC Pasayat and another, AIR 1983 1 Orissa 29. Lawyers Involved: M Enayetur Rahim with Md Shahidul Islam, Advocates—For the Petitioner. Fa..

Category: Alternative Dispute Resolution | Date: | Hits: 186

Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)

....sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......h with SK Siddique, Md. Al Amin Sarker Advocates—For the Defendants. Admiralty Suit No. 11 of 1995. Judgment Md. Awlad Ali J.- The plaintiff has brought the suit claiming Taka 25,22,897.91 for damages and late delivery of cargo. Initially, the plaintiff laid the claim for Taka 45,00,962.0......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......dants Judgment February 20, 2001. Result: The counter-claim is not entertainable and is dismissed. Case Referred to- FFUI Co. Ltd Vs. American President Lines, PLD 1992 (SC) 291. Lawyers Involved: Dr. M. Zahir with AKM Fazlul Haque, Advocates— For the Plaintiff. Muhamma..

Category: Admiralty Law or Maritime Law | Date: | Hits: 214

North South Property Development Ltd. Vs. Secretary, Ministry of Land and another, 1999, 28 CLC (HCD)

....n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7.......awful authority and of no legal effect. Case of the petitioner is that the respondent No.1 decided to undertake a project to develop 47.90 acres of land in Bhasantek area under Dhaka in Cantonment PS for rehabilitation and housing of slum dwellers and low income group people. Petitioner had discussi......n the above facts and circumstances we find no merit in this Rule. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 7....... Hong Kong vs NG Yuen Shin (1983) 2 AC629; RV Devon County Council, (1995) 1 All ER 73 held not applicable; Union of India vs Hindustan Development Corporation AIR 1994 (SC) 988 relied (7 & 8) Lawyers Involved: Mrs. Rabeya Bhuiyan with Safiuddin Md. Anisur Rahman Advocates—For the Petit..

Category: Civil Law | Date: | Hits: 92

Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)

....anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5....... against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......d. Abdur Rashid J Narayan Chandra Saha and another ……………..Petitioners Vs. Jatindra Chandra Saha and others………………..Opposite Parties Judgment October 28, 1999. Lawyers Involved: Promila Biswas with Ms Nahid Sultana, Advocates—the Petitioners. M Shamsu..

Category: Procedural Law | Date: | Hits: 66

Abdus Sattar and others Vs. International Finance Investment and Commerce Bank Ltd., 1999, 28 CLC (HCD)

....ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ......s—For the Appellants- Petitioners. Not represented- the Respondents. FAT No. 83 of 1999. Judgment Mahmudul Amin Choudhury J.- This application has been filed by the appellants praying for acceptance of the Memorandum of Appeal furnishing Bank-guarantee before the trial Court. 2. H......ot been tendered within the provision of section 7 of the Artha Rin Adalat Ain. The Petition of Appeal is therefore rejected summarily. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 4. ...... Uttara Bank vs. Macneill Kilburn Ltd and Ors, 1981 BLD (AD) 230=33 DLR (AD) 298; Triveni Engineering Works Ltd and others vs. Belganga Sahakari Sakhar Karkhana Ltd., 1 (1992) BC 487 (3 & 5) Lawyers Involved: Mvi Md Wahidullah with Md Aminul Islam Mondal, Advocates—For the Appellants-..

Category: Banking Law | Date: | Hits: 108

Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)

....lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......m and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CIB (Credit Information Bureau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile M......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ......er Vs. Bangladesh Bank and others …………………………..Respondents Judgment June 2, 1999. Case Referred To- Chandpur Jute Suppliers vs. Subordinate Judge 2 BLC 49 (7) Lawyers Involved: Syed Ishtiaque Ahmed with Rokonuddin Mahmud, Shah Newaz Akand and Adilur Rahman..

Category: Banking Law | Date: | Hits: 121

Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)

....28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ...... business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Va......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ......…………….Petitioner Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka………Respondents Judgment December 4, 2000. Result: The Rule is made absolute Lawyers Involved: MR Hasan, Advocate—For the Petitioners. Md. Bazlur Rahman, Deputy Attorne..

Category: Fiscal/Taxation Law | Date: | Hits: 91

Government of the People’s Republic of Bangladesh and others Vs. Md. Jahangir Ali and Another, 2001, 30 CLC (HCD)

....wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......e, Sadar, Kurigram in Other Class Suit No.68 of 1992. When the Civil Revision was filed there was delay of 1320 days, as such the petitioner filed an application under section 5 of the Limitation Act for condonation of delay. Accordingly a Rule was issued calling upon plaintiff-respondent-opposite p......wn a copy of this judgment to the learned District Judge, Kurigram and Deputy Commissioner, Kurigram for taking necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 365.......7 BLD (AD) 57; Bangladesh Vs. Suppliers and Building Corporation 1991 BLD 194; Bangladesh Vs. Abdul Wahab 45 DLR 30 and Subash Chandra Chowdhury and others Vs. Government of Bangladesh 46 DLR 663. Lawyers Involved: Sajjad Ali Chowdhury, Assistant Attorney-General-For the Petitioners. Md. Kh..

Category: Procedural Law | Date: | Hits: 88