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Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)
....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......dinate Judge Munshiganj in Money Suit No.1 of 1991. 2. The Respondent as plaintiff instituted Money Suit No.1 of 1991 in the Court of Subordinate Judge, Munshiganj against the defendant-appellants for a decree of Taka 87,75,000.00 as damage. The plaintiff in the suit is Alhaj Muhammad Nurul Islam......y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......e said that the suit is not maintainable. The learned Advocate further submits that the suit i.e. Artha Rin Adalat Suit No.1 of 1991 and Money Suit No.1 of 1991 are of different nature and decided by Judges under different jurisdiction and therefore the question of res judicata does not arise. 11..Category: Civil Law | Date: | Hits: 101
.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610....... application under section 115 of the Code of Civil Procedure against order No.87 dated 10-5-2000 passed by Subordinate Judge, 1st Court, Bogra in Other Class Suit No.78 of 1987 by which their prayer for vacating stay was refused.
2. It is stated that on 25-9-85 the petitioners instituted Other C...... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once.
Ed.
This Case is also Reported in: 53 DLR (HCD) (2001) 610.......scharged by this Division.
5. Then, the petitioners again Went to the executing court for possession and the opposite parties made an application discussing for the first time that the Subordinate Judges has already stayed further proceeding of the execution case by order dated 16-3-2000 till dis..
Category: Civil Law | Date: | Hits: 81
Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)
.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261....... 1966 Punjab 393); re P. An Advocate, AIR 1963 (SC) 1313. Lawyers Involved: KS Nabi, with Sheikh Md. Serajul Islam, Khaled Hamid Chowdhury, Md. Shahed Au Jinnah and Kazi Rehan Nabi, Advocates—for the Petitioner. Tania Amir with Manzill Murshid- for the Respondent No. 1. Writ Petition N...... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......icted and sentenced for a period exceeding two years in a criminal case involving moral turpitude. 10. Doctrine of waiver belongs to the realm of contract and was first enunciated by some American Judges in construing the American Constitution. This doctrine of waiver can be invoked when the cons..Category: Constitutional Law | Date: | Hits: 202
Sohail Thakur and others Vs. State, 1998, 27 CLC (HCD)
....rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......te opposite party to show cause as to why they should not be enlarged on bail in Sessions Case No. 633 of 1996 pending in the 3rd Court of the Additional Sessions Judge, Dhaka. 2. Learned Advocate for the petitioners made extensive submissions after referring to the materials on record specially ......rar is directed to send copy of this judgment to the Sessions Judges for their future guidance and compliance with the directions made above. Ed. This Case is also Reported in: 51 DLR (1999) 199.......used who was granted bail by the Magistrate appears before the Sessions Judge in a Sessions Case bail granted by the Magistrate comes to an end. In such circumstances practice adopted by the Sessions Judges to allow the accused to continue as before without considering prayer for bail of the accused..Category: Criminal Law | Date: | Hits: 33
Mrs. Aruna Sen Vs. Govt. of the People's Republic of Bangladesh and others, 1974, 3 CLC (HCD)
....this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ...... authority of the Dacca Central Jail issued a statement in the Newspapers on the first April, 1974. On the 2nd April, the petitioner's lawyers served a notice upon the respondents 1, 2 and 3 asking for information as to the charges against him, the place of his custody and the authority under whic......this case involves substantial question as to the interpretation of the Constitution. Abdur Rahman Chowdhury, J.- I agree. Ed. This Case is also Reported in: 27 DLR (1975) HCD 122. ......d of rational human being for connecting the grounds" with the objects which were to be prevented from being attained was laid down. This was the unanimous view of the Court consisting of six learned Judges including the Chief Justice. 36. On the question of vagueness and indefiniteness of ground..Category: Constitutional Law | Date: | Hits: 291
Sirajul Islam (Md.) Vs. Wahidul Haque, 2003, 32 CLC (HCD)
....hin 60 days from the date of delivery of judgment. Respondent No. 5, the present petitioner, failed to comply with the order of this Court. The petitioner of Writ Petition No. 3518 of 2001 then filed contempt petition before this Court being Contempt Petition No. 70 of 2002 in which Rule was issued ......: Mahbubur Rahman, Advocate‑For the Petitioner. M Saleemullah, Advocate‑For the Respondent. Review Petiton No. 39 of 2003. Judgment Salma Masud Chowdhury J.- This is an application for review of the judgment and order dated 27‑1‑2003 passed in Contempt Petition No. 70 of 2002 ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ......ion is allowed. The punishment awarded on the petitioner by the order dated 27‑1‑2003 in Contempt Petition No. 70 of 2002 is remitted. Ed. This Case is also Reported in: 55 DLR (2003) 272. ..Category: Others | Date: | Hits: 118
State Vs. Md. Abdul Kuddus and others, 2010, 39 CLC (AD)
....ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ...... Md. Aftab Hossain, Advocate-on-Record-For the Respondent. (In Criminal Petition Nos.43-44 of 2009) Not Represented- Respondent Nos.3-4. (In Criminal Petition No.42 of 2009) Criminal Petition for Leave to Appeal Nos. 42-44 of 2009. (From the judgment and order dated 11.8.2008 passed by th......ecretary, Ministry of Home Affairs Government of Bangladesh for taking legal actions in the light of the judgment. Ed. This Case is also Reported in: VIII ADC (2011) 73, 16 MLR (AD) (2011) 156. ......ye witness of the occurrence other than accused Nuru Mia who admittedly was in the company of the deceased at the time of occurrence on the same motor bike. While acquitting the accused the learned Judges of the High Court Division observed as under: "It is found on scrutiny of the evidence o..Category: Criminal Law | Date: | Hits: 47
Deputy Commissioner and another Vs. Md. Abu Taher and another, 2010, 39 CLC (AD)
....t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......er 13, 2010. Lawyers Involved: Karunamay Chakma, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 397 of 2009. (From the judgment and order dated 19.4.2007 passed by the H......t and order dated 19th April, 2007 passed by the High Court Division in Writ Petition No.6142 of 2001 be stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 23.......d as Enemy Property and in that view of the matter, the writ petitioner could not claim any right in the disputed property and as such, the writ petition is not legally maintainable but the learned Judges of the High Court Division failed to consider that aspect of the matter. 7. On considerati..Category: Property Law | Date: | Hits: 81
Saifuzzaman (Md.) Vs. State and others, 2003, 32 CLC (HCD)
....rehended by the police. If the police officers and the Magistrates fail to comply with above requirements, within the prescribed time as fixed herein, they would be rendered liable to be punished for contempt of Court, if any application is made by the aggrieved person in this Court. The police offi...... 1972 SC 711; SK Dey Vs. Officer-in-charge Sukchi PS, AIR 1974 SC 871; Natobar Parida and others Vs. State of Urishaw, AIR 1975 SC 1465; State of MP Vs. Mobarak Ali, AIR 1959 SC 707; Directorate of Enforcement Vs. Deepak Mahajan, AIR 1994 SC 1775 and Abhinandan Jha Vs. Dinesh Mishra, AIR 1968 SC 117......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ......4730 of 2001 arising out of Tejgaon PS Case No. 98 dated 28‑12‑2001 are hereby set aside. The detenus are released of their bail bonds. Ed. This Case is also Reported in: 56 DLR (2004) 324. ..Category: Criminal Law | Date: | Hits: 70
Shibu Pada Acharjee Vs. State, 2003, 32 CLC (HCD)
....neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......Involved: Shamsuddin Babul with JBM Hassan, Advocates-For the Appellant. Md Abdul Baset, Assistant Attorney-General-For the State-Respondent. Farida Khan with Masuda Rehana Begum-For the Informant-Added-Respondent. Criminal Appeal No. 1687 of 1996. Judgment AK Badrul Huq J.- Crim......neral of Police, Police Head Quarter, Dhaka IV. Superintendent of Police, Comilla. Lower Court's Record be sent down immediately. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 285.......oboration of her statement the Court should find no difficulty in acting on the testimony of a victim of sex crime alone in convicting a rapist when the testimony inspires confidence in the mind of Judges as being reliable. 50. It is well to remember that a woman or a girl subjected to sexual a..Category: Criminal Law | Date: | Hits: 64
Monju Mia and others Vs. Shiraj Mia and others, 2002, 31 CLC (HCD)
....e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......1) of the Code of Civil Procedure against an order dated 13‑7‑1999 passed by the Subordinate Judge and Artha Rin Adalat (In-charge) at Sylhet in Title Suit No. 46 of 1998, which rejected a prayer for an expert opinion. 2. Short facts for disposal of the Rule are that on 25‑9‑1991 opposite......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ......e of the Rule on 10‑11‑1999 is hereby recalled and vacated. The learned Subordinate Judge is directed. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 264. ..Category: Property Law | Date: | Hits: 61
Pak Eastern Industries Ltd. Vs. DC, Dhaka and another, 2004, 33 CLC (HCD)
....six months from date and to complete the acquisition proceeding by gazette notification. When the respondents did not take any step within the period fixed, the appellant had to move this Division in contempt being Contempt Petition No. 13 of 1995 for drawing up a contempt proceeding against the res......resented a cross-appeal from same order. 3. On or about 29‑11‑2000, the owner made an application under section 7(aaa) of the (Emergency) Requisition of Property Act, 1948 (Act XIII of 1948) before the arbitrator for compensation of Taka 179,16,50,000 for acquisition of 11.575 acres of land. ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ......hin a period of three months from date of receipt of this order, positively. Send down the records at once. Communicate at once. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)259. ..Category: Property Law | Date: | Hits: 77
Abdur Rahman Kha (Md) Vs. State, 2002, 31 CLC (HCD)
....er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ......For the Petitioner Mainul Hosein with Md. Mozzamel Huq, Advocates-For the Opposite Party No. 2. Criminal Revision No. 579 of 2000. Judgment Amirul Kabir Chowdhury J.- At the instance of informant Md. Abdur Rahman Kha, on an application under section 439 of the Code of Criminal Procedure,......er be heard afresh by the learned Judge and orders be passed in accordance with law. The stay order passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 213. ...... Division may, in its discretion, exercise any of the powers conferred on a Court of Appeal by sections 423, 426, 427 and 428 or on a Court by section 338, and may enhance the sentence; and, when the Judges composing the Court of Revision are equally divided in opinion, the case shall be disposed of..Category: Criminal Law | Date: | Hits: 82
Loskor Md Mostan Billah Vs. State, 2002, 31 CLC (HCD)
....herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......, Khulna to show cause as to why the order dated 2210‑2001 passed by the learned Additional Sessions Judge, 4th Court, Khulna and Special Judge in Special Case No. 13 of 2001 rejecting the prayer for withdrawal of the prosecution against the accused petitioner should not be set aside. 3. ......herefore, has no substance. In the result, the Rule is discharged. The order of stay passed earlier stands vacated. Ed. This Case is also Reported in: 56 DLR (HCD) (2004) 199. ......rement of Notification as to the assumption of jurisdiction by the Additional Sessions Judge as Special Judge, let us quote section 3 of the Act which is as follows: "3. Appointment of Special Judges: (1) The Government shall, by notification in the official Gazette, appoint as many as Specia..Category: Criminal Law | Date: | Hits: 56
Babul Sikder and others Vs. State represented by the DC, 2003, 32 CLC (HCD)
....kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......ed relationship which existed between two families living in same homestead resulted in extermination of eldest member and head of one family Ismail Kha. The consequent Judicial verdict of conviction for offence of sections 302/34 of The Penal Code and sentence of imprisonment for life upon three (3......kerganj) in respect of accused‑appellant Babul Sikder is maintained. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 56 DLR (HCD) (2004)174. ......yal and others Vs. State of UP AIR 1978 SC 1558 and AIR 1975SC 1252 and 1962 held that Inquest Report is admissible and statements therein can be looked into. Appellate Division held that the learned Judges of the High Court Division committed no illegality in referring to the statement of investiga..Category: Criminal Law | Date: | Hits: 54
Patwary Rafiquddin Haider Vs. State and another, 2002, 31 CLC (HCD)
....udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ahima Nasrin, Assistant Attorney-General-For the State Opposite Party No. 1. Rabeya Bhuiyan, with Sadiqun Nahar Papri, Shamsee Ara Begum, Majumder Saiful Islam and PC Guha, Advocates ‑ For the Informant. Criminal Miscellaneous Case No. 9087 of 2001. Judgment AK Badrul Haq J.- The claim......udgment. The question posed is answered accordingly. The Rule arising out of a petition for Anticipatory Bail, thus stands disposed of. Ed. This Case is also Reported in: 55 DLR (2003) 241.......ppear before the court concerned and obtain fresh bail from the court on the merit of the case. Granting of anticipatory bail in an exceptional circumstances, is a matter to be decided by the learned Judges on the face of a particular case. The special and exceptional circumstance are to be left to ..Category: Criminal Law | Date: | Hits: 79
Abdul Ahad @ Md. Abdul Ahad Vs. State, 2000, 29 CLC (HCD)
....86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......ent. Criminal Miscellaneous Case No. 2786 of 1995. Judgment SK Sinha J.- Points involved in this Rule are, whether a Magistrate can initiate a proceeding under section 188 of the Penal Code for alleged violation of his order without making a formal complaint and that whether a revision pet......86 pending in the Court of Upazila Magistrate, Jagannathpur, District Sunamganj are quashed. The Rule is accordingly, made absolute. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 379.......thout making a formal complaint and that whether a revision petition under section 438 of the Code of Criminal Procedure against an order of Magistrate is maintainable even after the learned Sessions Judges have been invested with powers under Section 439A of the said Code to exercise all or any of ..Category: Criminal Law | Date: | Hits: 57
Omar Faruk (Md.) and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... a substantial question of law as to the interpretation of this Constitution; or (b) has sentenced a person to death or to (imprisonment) for life; or (c) has imposed punishment on a person for contempt of that division; and in such other cases as may be provided for by Act of Parliament. ...... 2328 and 2329 of 1998 have sought to be reviewed on the ground stated in the applications. In these petitions it is stated that the Appellate Tribunal did not consider the petitioner’s declaration form and further the petitioners were heard by a Special Bench not duly constituted and hence it is ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ......ioners are to be rejected. Accordingly, these two review applications being Review Application Nos.15 and 16 of 1998 are rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 118. ..Category: Fiscal/Taxation Law | Date: | Hits: 90
Dhaka International University Vs. Secretary, Ministry of Education and others, 1997, 26 CLC (HCD)
....s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......declared to have been passed without lawful authority and is of no legal effect. 2. The founder of the petitioner, Dhaka International University, applied to the then Education Minister on 21-5-95 for permission to establish the University. On receipt at the same the Hon’ble Minister directed t......s have been published are entitled to certificate of the degree. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 91. ......Andhra Pradesh allowed them to appear in the examination but directed that the institute should not run thereafter. Appeal against that judgment was allowed by the Supreme Court of India. The learned Judges in delivering the judgment of the report very aptly observed; “If by a fiat of the Court..Category: Others | Date: | Hits: 104
Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)
.... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......s Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not b...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374.......ings against the petitioner in GR Case No.1 of 1983. 2. The relevant facts are that the petitioner entered Government Service in 1967 as Typist and subsequently became Stenographer in the Noakhali Judgeship in, 1975. 3. That the dead body of Ziauddin Mahmud, son of respondent No.3 was missing ..Category: Criminal Law | Date: | Hits: 56
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