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Dewanbagh Darbar Sharif and another vs. Government of the People’s Republic of Bangladesh and others, 2002, 31 CLC (HCD)

....nal Jurisdiction) Present: Md. Hamidul Haque J Nazmun Ara Sultana J Dewanbagh Darbar Sharif and another………….. Petitioners Vs. Government of the People’s Republic of Bangladesh and others………… Respondents Judgment July 7, 2002. Cases Referred To- Gola......l day-to-day religious functions. There is no formal reply from the side of the respondents as to why the prayer of the petitioner was not considered. We find that only after this Rule was issued and interim order was passed, the District Magistrate, Narayanganj wrote a letter to the Secretary, Mini......overnment or the authority concerned has no right to prohibit or restrain the petitioner and his devotees from performing normal religious functions, at best the authority regulate such activities in order to maintain public order and tranquillity. He has pointed out that in the instant case the aut......any direction in accordance with law in case of holding of any big congregation. With the observations made above the rule is disposed of. Ed. This Case is also Reported in: 54 DLR (2002) 413...

Category: Property Law | Date: | Hits: 25

Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)

....ted in: 54 DLR (2002)409.......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409........ In Other Suit No. 87 of 1979 the case of the plaintiff-petitioner was for a declaration that the proceedings of Miscellaneous Case No. 159 of 1972 of the Court of the SDO (North) Chittagong and the orders passed therein on 23-2-1972 and 4-3-1972 directing him to deliver possession of the suit land......the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409...

Category: Civil Law | Date: | Hits: 69

Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)

.... This Case is also Reported in: 54 DLR (2002)405.......ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......detain him under section 3(2) of the Special Powers Act. Section 54 is an independent section of the Code of Criminal Procedure under which police has been given power to arrest any person without an order of a Magistrate or without any warrant. Some circumstances have been mentioned in section 54 u......rence of three cases in the grounds of detention and in all those three cases the detenu was released on bail and in the last case which involves section 302 of the Penal Code, the detenu was granted anticipatory bail by this court. So, according to him, there was no reason to detain the detenu by g..

Category: Criminal Law | Date: | Hits: 60

Tofail Ahmed Vs. Bangladesh, 2001, 30 CLC (HCD)

....in: 54 DLR (2002)403.......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403.......alf of the respondent No.1, after taking us through the affidavit-in-opposition filed on behalf of that respondent, has submitted that respondent No. 4 has impounded the passport of the petitioner by order of Ministry of Home Affairs and of the Director General of the Passport and Immigration. In th......ten) days of receipt of this judgment. Advance copy of the order portion may be communicated to the respondents at the cost of the petitioner. Ed. This Case is also Reported in: 54 DLR (2002)403...

Category: Others | Date: | Hits: 102

Makbul Ahmed and others Vs. Mohammedullah and others, 2000, 29 CLC (HCD)

....as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399.......sain, Advocate—For the Petitioner. Nikhilesh Dutta, Advocate—For the Opposite Parties. Civil Revision No. 818 of 1986. Judgment Md. Awlad Ali J. - This Rule arises out of judgment and order dated, 15-7-86 passed by the Additional District Judge Noakhali in Miscellaneous Appeal No. 15......f 1983. 15. Having regard to the facts and circumstances of the case there will be no order as to costs. Send down the record at once. Ed. This Case is also Reported in: 54 DLR (2002) 399...

Category: Procedural Law | Date: | Hits: 62

Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)

....rietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of permanent injunction restraining the defendant from producing and distributing soap containing the trade mark Ghari stating, inter alia, that the trade mark Ghadi with the device clock was being used b......o. 22 of 1995 praying for permanent injunction restraining Universal Pharmaceuticals Ltd. from marketing and selling their products using the trade mark Oralsaline and on their prayer, an order of ad interim order of injunction was granted on 1-4-95 restraining Universal Pharmaceutical Ltd. from mar......l from Original Order No. 321 of 2000 with Civil Rule No. 483 (fm) of 2000. Judgment Md. Tafazzul Islam J. - The appellant preferred this First Miscellaneous Appeal challenging the judgment and order dated 6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Su......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394...

Category: Intellectual Property Law | Date: | Hits: 200

Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)

....nd Abul Hussain ………Petitioner Vs. Secretary, Ministry of Home Affairs and others...……….Opposite Party Judgment June 17, 2002. Case Referred To- Habiba Mahmud vs. Bangladesh & others 45 DLR (AD) 89. Lawyers Involved: Md. Ozair Farooq with Monowar Hassain, Ad......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......nu was arrested on 6-2-2002 by the local police in connection with Kamrangirchar Police Station General Diary No. 231 dated 6-2-2002 under section 54 of the Criminal Procedure Code and thereafter the order of detention dated 12-2-2002 was issued by the learned District Magistrate, Dhaka under sectio......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...

Category: Criminal Law | Date: | Hits: 22

Chairman, Governing Body, Bangladesh Rifles School and College Vs. Chairman, Governing Body, Bangladesh Rifles School and College Vs. Md. Gholam Kibria and others, 2010, 39 CLC (AD)

....m Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497.......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497.......vocate-on-Record-For the Appellants. Md. Aftab Hossain, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-4. Civil Appeal No. 20 of 2007. (From the judgment and order dated 29.03.2005 passed by the High Court Division in Writ Petition No.1911 of 2004.) Judgm......rection upon the appellant to reinstate the respondent No.1 Md. Gholam Kibria in his post forthwith. There shall be no order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 497...

Category: Employment/Service Law | Date: | Hits: 133

Managing Director, Bangladesh Krishi Bank Vs. Gopal Chandra Nath and others, 2010, 39 CLC (AD)

....rt and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494.......ructed by Md. Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented-Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 2055 of 2009. (From the judgment and order dated 09.07.2009 passed by the Administrative Appellate Tribunal, Dhaka in Appeal No.89 of 200......nal suffers from no error of law calling for interference by this Court and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 494...

Category: Administrative Law | Date: | Hits: 258

Zahid Hossain @ Paltu and others Vs. State, 2002, 31 CLC (HCD)

..... Accused-appellant No. 1 Zahid Hossain Paltu was tried and convicted in-absentia. 3. Prosecution case, in short, inter alia, is that on 22‑1‑1978 at about 12‑00 AM informant Abdul Malek Howlader (PW 10) along with others loaded in total 31 bags of boiled and dried coarse and fine (chikon) ...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ......lant No 1. Zahid Hossain alias Paltu 2. Jalal 3. Helal and 4. Manjur and Criminal (Jail) Appeal No. 141 of 1985 preferred by convict-appellant Tota are directed against the same impugned judgment and order of conviction dated 12‑8‑1985 passed by the learned Additional Sessions Judge, First Court...... appellants are acquitted of the charge levelled against, them and they be set at liberty forthwith, if not wanted in any other connection. Ed. This Case is also Reported in: 55 DLR (2003) 160. ..

Category: Criminal Law | Date: | Hits: 35

Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)

....re disposed of by this Judgment. 3. The case of the plaintiff appellant-bank is that the defendant-respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applie......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156....... 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The defendant availed of the loan facilities amount from the plaintiff bank and was carrying on business. The defendants in order to secure the loan amount had signed the necessary charge documents and deposited the same wit......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156...

Category: Civil Law | Date: | Hits: 101

Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)

....der. Ed. This Case is also Reported in: 55 DLR (2003) 149.......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149.......n, Advocates‑ For the Petitioner. Nikhilesh Dutta, Advocate‑ For the Opposite Parties. Civil Revision No. 5190 of 2002. Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 11‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class ......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...

Category: Property Law | Date: | Hits: 31

Zakir Hossain and another Vs. State, 2002, 31 CLC (HCD)

....on of PW 1 informant Moslem, reported that fact to his mother (wife of informant) and she reported to the informant Moslem who then went out of the house and saw that accused namely Zakir, Suruj and Sadek were going away by the west of the tank. Then Muslim went forward and saw in a ditch on the wes...... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137.......rney- ­General with Shamim Ara Dora. Assistant Attorney-­General‑ For the State. Criminal Appeal No. 351 of 1992. Judgment Md. Abdul Quddus J.- This appeal is directed against judgment, order of conviction and sentence dated 20‑1‑1992 by Sessions Judge Chandpur in Sessions Case No....... and sentence dated 20‑1‑92 by trial Court against appellants Zakir Hossain and Suruj Miah be accordingly upheld. Record be sent down. Ed. This Case is also Reported in: 55 DLR (2003) 137...

Category: Criminal Law | Date: | Hits: 34

Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)

....cial Original Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J Zakir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July 16, 2002. Cases Referred To- Conforce......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......n Phone by virtue of the said agreement and licence was required to install and place in operation all over Bangladesh the Multi­-station Radio System of Digital Mobile Cellular Telephone Service in order to provide digital cellular mobile phone services all over Bangladesh, which it did. In order ......o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ..

Category: Information Technology Law | Date: | Hits: 217

Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)

.... Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Hajee Abul Hossain and others...............................Appellants Vs. Md. Amjad Hossain and others...............................Respondents Judgment April 26, 2010. Ca......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......ate-on-Record- For the Appellants. Md. Nawab Ali, Advocate-on-Record- For Respondent Nos.1-2. Not Represented- Respondent Nos. 3-6. Civil Appeal No. 94 of 2003. (From the judgment and order dated 20.8.2008 passed by the High Court Division in First Appeal No.52 of 1989.) Judgment ......le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10...

Category: Property Law | Date: | Hits: 36

Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......, Advocate-on-Record- For Respondent No.1 (In Civil Appeal Nos. 64-65 of 2002). Not Represented-Respondent No. 2 (In all the cases). Civil Appeal Nos. 63-65 of 2002. (From the judgment and order dated 12.7.2000 passed by the High Court Division in First Appeal Nos. 353, 354 and 355 of 199......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ..

Category: Business or Commercial Law | Date: | Hits: 212

Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)

....the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474.......vocate, instructed by Md. Taherul Islam, Advocate-on-Record-For the Petitioner. Not represented - the Respondent. Civil Petition for Leave to Appeal No. 1956 of 2009. (From the judgment and order dated 05.07.2009 passed by the Administrative Appellate Tribunal in Administrative Appellate T......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...

Category: Administrative Law | Date: | Hits: 192

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

....titioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For the Petitioner. AA Chowdhury Advocate...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......ice of termination of the tenancy and that the issuance of notice was illegal, as he had paid rents regularly. The plaintiff, however, did not want to receive the monthly rent from the year, 1994, in order to make him a defaulter. As such, the defendant filed House Rent Case No. 19 of 1994 and start...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ..

Category: Property Law | Date: | Hits: 28

Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)

....oor Jahan Begum,35 DLR 338; Jafar Ali vs. Husier Ali and others, 46 DLR (AD) 187; Dalilur Rahman vs. Syed Omar, 5 MLR (AD) 24; Jafar Ali vs. Hushiar Ali and others, 46 DLR (AD) 187; Jitendra Noth Howlader vs. Bisheshwar Howlader, 42 DLR 253; Jafar Ali vs. Hushier Ali and others, 46 DLR (AD) 187. ......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ......dvocate-For the Opposite Parties. Civil Revision No. 4343 of 1999. Judgment Mir Hashmat Ali J.- This Rule under section 115 of the Code of Civil Procedure was issued against the Judgment and order dated 7‑7‑1999 passed by the learned Subordinate Judge, Tangail, in Miscellaneous Appeal N......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..

Category: Property Law | Date: | Hits: 39

Nasir Howlader Vs. State, 2004, 33 CLC (HCD)

....erned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ......Appellant. SM Aminul Haque, Assistant Attorney-General-For the Respondent. Criminal Appeal No. 703 of 1998. Judgment Md. Anwarul Haque J.- This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Bagerhat on 6‑4-­1998, in Sessions Case...... Judge, Bagerhat is hereby affirmed. Let a copy of this judgment along with lower court's record be sent to the concerned court at once. Ed. This Case is also Reported in: 56 DLR (2004) 151. ..

Category: Criminal Law | Date: | Hits: 30