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....diction)
Present:
Syed Amirul Islam J
AKM Shafluddin J
SN Goswami, Advocate and another……….Petitioners
Vs.
Government of the People's Republic of Bangladesh and others…………Respondents
Judgment
June 3, 2001.
Cases Referred t...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
......, Mr. Justice KM Hasan and Mr. Justice Syed JR Mudassir Hossain. To substantiate the statement a copy of the newspaper has been annexed with the petition as Annexure "A". It is further stated that in order of seniority Mr. Justice Hasan was due for elevation before Mr. Justice Gholam Rabbani. Mr. Ju...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
Abul Khair Morselin (Md) Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ......ammed J. - This application is directed under Article 102 of the Constitution of the Peoples Republic of Bangladesh. On 10-10-2000, this matter was placed before a Vacation Bench of this Court and an order was passed to place it before the Regular Bench after reopening of the Court. The Vacation Ben......he Vacation Bench on 10-10-2000 is hereby vacated and the remaining part of the election of the FBCCI shall be held in accordance with law. Ed. This Case is also Reported in: 53 DLR (2001) 179. ..Category: Business or Commercial Law | Date: | Hits: 204
Korban Ali Khan (Md) and Others Vs. Asalat Khan and others, 2000, 29 CLC (HCD)
..... The facts, in short, are that the opposite party Nos. 1 and 2 being the pre-emptors filed Miscellaneous (Pre-emption) Case No. 11 of 1988 in the Court of the Assistant Judge, Keraniganj, Dhaka impleading the petitioners as pre-emptees and opposite party Nos. 3-14 as other opposite parties, praying......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ......For the Petitioners. AS Md. Ramzan Khan, Advocate—For the Opposite Parties. Civil Revision No. 555 of 1992. Judgment Bijan Kumar Das J.- This Rule is directed against the judgment and order dated 12-11-1991 passed by the Subordinate Judge, 2nd Court, Dhaka in Miscellaneous Appeal No.......in Miscellaneous Case No. 11 of 1988 passed by this Court at the time of issuance of the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 53 DLR (2001) 176. ..Category: Property Law | Date: | Hits: 31
Hasmat Ali Vs. State, 2001, 30 CLC (HCD)
....Chatail Police Station, Tangail that he married his deceased daughter, aged about 15 years, to the convict appellant Hasmat Ali about 3 months before the date of occurrence and since then they were leading their conjugal life. He received information from his Bhasti Jamai Shahjahan after Asar prayer......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ...... Appellant. KM Saifuddin Ahmed, Deputy Attorney-General— For the State. Criminal Appeal No. 2150 of 1994. Judgment Md. Joynul Abedin J.-This appeal is directed against the judgment and order of conviction and sentence dated 29-9-1994 passed by the Additional Sessions Judge, Second Cou......tion 302 of the Penal Code and, as such, the impugned conviction and sentence are hereby upheld. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 169. ..Category: Criminal Law | Date: | Hits: 27
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....ppellants Vs. Integrated Services Limited and ors………..Respondents Judgment June 8, 1999. Cases Referred To- Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Unions, Chittagong and others 41 DLR 262; Brig Khawaja Muhammad Aslam Khan (Retd) Vs. Azad Gover......appeal is directed against order dated 12-5-99 passed by the learned Subordinate Judge 1st Court, Dhaka in Title Suit No. 116 of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management ......nts. Rafiq-ul Huq with Md Zakir Hossain, Advocates—For the Respondents. Appeal from Original Order No. 98 of 1999. Judgment Mahmudul Amin Choudhury J.- This appeal is directed against order dated 12-5-99 passed by the learned Subordinate Judge 1st Court, Dhaka in Title Suit No. 116 o...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ..Category: Business or Commercial Law | Date: | Hits: 207
Daily Star and Prothom Alo Patrika Vs. State, 2001, 30 CLC (HCD)
....ka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of the Rule are as follows: The Daily Star in its issue of 9-1- 2001 published......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ...... the Court of learned Metropolitan Additional Sessions Judge, 5th Court, Dhaka should not be changed and a Special Public Prosecutor be appointed for conducting the Case or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts leading to the issuance of......l of Police, Bangladesh. The office is directed to transmit the record along with a copy of the judgment by a special messenger. Ed. This Case is also Reported in: 53 DLR (2001) 155. ..Category: Criminal Law | Date: | Hits: 189
Hasibur Rahman (Md) Vs. Shakila Begum and another, 2000, 29 CLC (HCD)
....s immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ......ant provisions of section 17 of the Ordinance of 1985 are extracted hereunder: “17. Appeal. - (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment, decree or order of a Family Court to the Court of District Judge. (2)……………………… ...... Order of stay granted in Civil Revision Petition stands vacated. No costs. Send down the LCR as immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 152. ..Category: Family Law | Date: | Hits: 152
Mainul Hosein & others Vs. Sheikh Hasina Wazed, 2000, 29 CLC (HCD)
....Bhuiyan, 51 DLR (AD) 68; MH Beg, CJ Vs. R Krishna Ayar, AIR 1978 (SC) 727 and Gudi Kanti Narasimbule Vs. Public Prosecutor, AIR 1978 (SC) 429; Andre Paul Terence Ambard Vs. the Attorney-General Trinidad, AIR 1936 PC 141; Regina Vs. Commissioner of Police, 1968 (2) QB150; PN Duda Vs. P Shiv Sankar, A...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ...... Mr Attorney-General frankly submitted that he is appearing in this Case as Attorney General for Bangladesh, but not on behalf of the Prime Minister. He submitted that considering the overall law and order situation in the country and the surrounding circumstances the Prime Minister made the aforesa...... dispose of all the motions in the line with the desire of Mr. ATM Afzal, CJ as was ordered in the concluding paragraph of his opinion. Ed. This Case is also Reported in: 53 DLR (2001) 138. ..Category: Criminal Law | Date: | Hits: 49
Tarun Karmaker Vs. State and others, 2000, 29 CLC (HCD)
....Criminal Miscellaneous Case No.577 of 2000 and by his order dated 1-11-2000 the learned Sessions Judge rejected the prayer and passed an order for keeping her in safe custody. The victim girl also made a prayer for allowing her to go with her husband, the accused of the above Case. The learned Ses......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ....... The petitioner prayed for giving custody of the victim girl to him and his prayer was not considered by the learned Sessions Judge, Satkhira in Criminal Miscellaneous Case No.577 of 2000 and by his order dated 1-11-2000 the learned Sessions Judge rejected the prayer and passed an order for keeping......ged. In the result, the Rule is discharged. Stay granted is hereby vacated. Communicate the order to the Court concerned. Ed. This Case is also Reported in: 53 DLR (2001) 135. ..Category: Criminal Law | Date: | Hits: 33
Raisuddin (Md) Vs. Sitaram Bhar and others, 2001, 30 CLC (HCD)
....….. Appellant Vs. Sitaram Bhar and others……..Respondents Judgment February 12, 2001. Cases Referred To- Mrinal Kanti Guha & others Vs. Brajendra Lad Dhar & others 44 DLR (AD) 9; Salamat Bibi & others Vs. Settlement and Rehabilitation Comm......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ......s dismissed for default on 23-1-1996. The plaintiff-appellant filed an application under section 151 of the Code of Civil Procedure for restoration of the said Miscellaneous Case on setting aside the order dated 23-1-96 which was rejected by the Court vide its order dated 29-6-96. The plaintiff-appe......f the appeal on merit within 3(three) months from the date of receipt of this judgment and order of this Court for ends of justice. Ed. This Case is also reported in: 53 DLR (2001) 131. ..Category: Property Law | Date: | Hits: 29
Sirajul Islam (Md) and another Vs. Government of Bangladesh & others, 2000, 29 CLC (HCD)
....Special Original Jurisdiction) Present: Md. Faziul Karim J Md. Abdul Wahhab Miah J Sirajul Islam (Md) and another …….. Petitioners Vs. Government of Bangladesh & others………………. Respondents Judgment August 10, 2000. ......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ......r Respondent Nos.1 and 2-3. Writ Petition No.2918 of 1999. Judgment Md. Abdul Wahhab Miah J.- This Rule nisi was issued calling upon the respondents to show cause as to why the order being No.43 dated 11-5-99 passed by AM Shahidur Rahman, Special Tribunal No.1, Satkhira in Spe......nd the Rule is liable to be discharged on that count also. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 127. ..Category: Criminal Law | Date: | Hits: 101
Syed Mustafizur Rahman Vs. State, 2001, 30 CLC (HCD)
....cused appellant to suffer rigorous imprisonment for 3(three) years and to pay a fine of Taka 20,000.00 in default to suffer rigorous imprisonment for 1(one) year under section 409 of the Penal Code read with 5(2) of the Act II of 1947. 2. The prosecution Case, in short, is that on 30-9-85 Mr. Nar......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ......llants. FKM Ahsan Mahbub, Assistant Attorney- General — For the Respondent. Criminal Appeal No.710 of 1991. Judgment Md. Abdul Matin J.- This appeal is directed against the judgment and order dated 38-5-91 passed by the Senior Special Judge Jhalakati in Special Case No. 9 of 1989 convi......arge leveled against him and he is acquitted of the charges. Let him be discharged from the bail bond. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 125. ..Category: Criminal Law | Date: | Hits: 42
Morshed (Md) @ Morshed @ Md. Morshed Alam Vs. State, 2000, 29 CLC (HCD)
....oreover, we are also of the view that method of recording her statement may not be correct. We have noticed that at least few statements were recorded only on guesswork. If the victim and judge both had no idea and perfect knowledge about sign language, in that Case, the recording of the statement o......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ......lias Morshed alias Md. Morshed Alam be enlarged on bail on furnishing bail bond to the satisfaction of the Deputy Commissioner, Natore. Ed. This Case is also Reported in: 53 DLR (2001) 123. ..Category: Criminal Law | Date: | Hits: 38
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
.... Punjab Ali Pramanik and others Vs. Mohd Mokarram Hossain, 29 DLR (SC) 185; Foroze Khan Noon Vs. State 1958 PLD (SC) 333; Fazal Illahi Vs. Crown (1953 PLD FC 35); State of Assam Vs. Rangu Muhammad and others (AIR 1967 (SC) 903; 28 DLR (SC) 185; Fisher Vs. Owen 1878 8CD 645; Cracknall Vs. Janso......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......ies. Civil Revision No. 1634 of 1991. Judgment AKM Shafiuddin J.- This is an application under section 115(1) of the Civil Procedure Code. It is directed against the judgment and order dated 20-03-19991, passed by the learned Assistant Judge, Muradnagar, Comilla in the Miscellan......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ..Category: Civil Law | Date: | Hits: 80
Abdul Abedin Abdul Vs. State, 2000, 29 CLC (HCD)
....ous Case No. 5612 of 2000. Judgment Md. Abdul Wahhab Miah J. - This Rule has arisen out of an application filed by the petitioner under section 498 of the Code of Criminal Procedure, read with section 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was as......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ...... 19 of the Extradition Act, 1974. By this Rule the Deputy Commissioner, Sylhet was asked to show cause as to why the accused petitioner shall not be enlarged on bail and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. In the application for bail it h......efore the Magistrate, 1st Class, Sylhet under section 6 of the Extradition Act, 1974. In the result, the Rule is discharged. Ed. This Case is also Reported in: 53 DLR (2001) 109. ..Category: Criminal Law | Date: | Hits: 87
Hussain Mohammad Ershad Vs. State and others, 2000, 29 CLC (AD)
.... Case is also Reported in: 53 DLR (2001) 102. ......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. ...... himself and 12 others to accused No.1 stating that they were the affected persons and also highest bidder and praying for allotment of the said plots No.49 and 49A. On 28- 8-1989 accused No.1 passed order on the body of the said application for allotting the two plots to the said applicants at the ......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)
....l Miscellaneous Jurisdiction) Present: Md. Hamidul Hoque J Md. Munsurul Haque Choudhury J Mosharaf Hossain (Md) @ Mash……………….Petitioner Vs. Bangladesh and others…………………….Opposite Parties Judgment July 17, 2000. ......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ...... detained in Jhenaidah District Jail should not be brought before this Court to be dealt with according to law. 2. The learned Advocate for the petitioner, at the very outset, submits that the order of detention was made on 24-6-99 but it was served on 19-6- 2000 i.e. after about one year. He......of Late Alim Rahman of Village Shyakur PS Maheshpur District Jhenaidah be set of liberty at once if not wanted in any other connection. Ed. This Case is also Reported in: 53 DLR (2001) 100. ..Category: Criminal Law | Date: | Hits: 29
Yasin Mollah and another Vs. State, 2000, 29 CLC (HCD)
....2-11-1995 passed by the learned Additional Sessions Judge, Faridpur in Criminal Appeal No.61 of 1990 affirming the judgment and order dated 31-10-1990 passed by the learned Upazilla Magistrate, Charbhadrason in CR Case No. 20 of 1990, convicting the accused petitioner under sections 447/379 of the P......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ...... 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 Sessions Judge, Faridpur in Criminal Appeal ......spose of the appeal within 2 (two) months from the receipt of the case recorded by him. Send down the lower Court's records immediately. Ed. This Case is also Reported in: 53 DLR (2001) 99. ..Category: Criminal Law | Date: | Hits: 60
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ......ision 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 order dated January 31, 1991 recorded by the learned Additional District Judge, First Court, Brahman...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ..Category: Property Law | Date: | Hits: 28
Abul Hossain and others Vs. Bangladesh and others, 2000, 29 CLC (HCD)
....vision (Special Original Jurisdiction) Present: Md. Gholam Rabbani J Nazmun Ara Sultana J Abul Hossain and others……………Petitioner Vs. Bangladesh and others…………..Respondent Judgment June 12, 2000. Lawyers Involv......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ......thority and is of no legal effect. The respondents are directed to delete the building in question from the list of abandoned buildings. Ed. This Case is also Reported in: 53 DLR (2001) 94. ..Category: Property Law | Date: | Hits: 18
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