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Asiman Begum Vs. State, represented by the Deputy Commissioner, 1999, 28 CLC (AD)

....anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed.   This Case is also Reported in: 51 DLR (AD) (1999)18. ......anded to the High Court Division for disposal at an early date in the light of the observations made above. Ed.   This Case is also Reported in: 51 DLR (AD) (1999)18. ......gh Court Division, Dhaka in Criminal Appeal No. 793 of 1996). Judgment       ATM Afzal CJ.- This appeal by leave is from a judgment and order passed by a Single Judge of the High Court Division in appeal remanding the case to the Sessions Judge, Patuakhali for..

Category: Criminal Law | Date: | Hits: 83

Abdul Haque (Md) Deputy Commissioner Vs. District Judgeship, 1999, 28 CLC (AD)

.... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ...... censured for his objectionable remarks against the judicial officers of Kurigram and warned to be careful is future. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 15. ......malendu Bikash Roy Choudhury J Abdul Haque (Md) Deputy Commissioner………………………….Petitioner Vs. District Judgeship……….……………….. Respondent ..

Category: Criminal Law | Date: | Hits: 70

Abul Bashar and another Vs. Hasanuddin Ahmed and ors., 1999, 28 CLC (AD)

.... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... proceedings. The impugned judgment does not warrant any interference. All the 3 leave petitions are dismissed. Ed. This Case is also Reported in: 51 DLR (AD)(1999) 14. ...... of those proceedings under section 145 Cr.P.C. stating, inter alia, that the aforesaid petitioner Abul Bashar Chowdhury has already filed Title Suit No. 216 of 1994 in the 3rd Court of Subordinate Judge, Dhaka for partitioning the disputed plot claiming his share of 0.036 acres out of a total a..

Category: Criminal Law | Date: | Hits: 68

Mostafizur Rahman Vs. BD, represented by Sec., Min. of Home Affairs & anr, 1999, 28 CLC (AD)

....ds and is, accordingly, allowed. There will be no order as to costs.   Ed.   This Case is also Reported in: 51 DLR (AD) (1999) 1.   ......on that there were materials on record as would satisfy a reasonable person to justify the order of detention………………………..(41) The Special Powers Act, 1974 (XIV of 1974), Section 2(f), 3(1) (a) By talking to BBC that he wo......vision Bench consisting of Md. Abdul Jalil and Qazi Shafiuddin JJ, upon hearing the matter delivered a split judgment on 20-3-91 whereupon the learned Chief Justice referred the matter to a third Judge, Anwarul Hoque Chowdhury J, who having agreed with Qazi Shafiuddin J, for different reasons, ..

Category: Constitutional Law | Date: | Hits: 191

Abul Bashar Vs. Investment Corporation of Bangladesh & another, 2000, 29 CLC (AD)

....sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ......sel for the petitioner are distinguishable on facts. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 178. ..

Category: Administrative Law | Date: | Hits: 121

Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)

....y was taken over from the respondent and his tenants. The notice of requisition was served on him. The Jatiya Rakshi Bahini vacated the property on 19 August 1974 and it was handed over to the Sub-Divisional Officer, Dhaka (South) under memo No. 577 dated 1 September 1974 as an abandoned proper......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ...... Square in Calcutta. They also acquired by purchase the shares of other co-sharers and thus became the sole owners thereof. By a decree in Title Suit No. 87 of 1971 of the 1st Court of Subordinate Judge, Dhaka the said property fell to the share of Md Siddique Jamal, father of the respondent, an..

Category: Property Law | Date: | Hits: 73

Government of Bangladesh and others Vs. Hussain Mohammad Ershad, 2000, 29 CLC (AD)

.... the learned Additional Attorney-General merit no consideration. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 162. ......, belonging to the petitioner, was handed over in Jimma of Mr. Mustafizur Rahman by the Committee which he kept in the garage of house under lock and key and that the petitioner’ convicted in Special Case Nos. 7 and 60 of 1991 was sentenced to suffer 3 years and 10 imprisonment respectively......t in the house, that the police with search warrant went there on 12-5-92 and raided the house with proper search warrant on the order of Chief Metropolitan Magistrate. 4. The learned Judges of the High Court Division found that the respondent No. 2 on 7-5- 92 raided the house, seiz..

Category: Constitutional Law | Date: | Hits: 170

Bangladesh and others Vs. Mizanur Rahman, 2000, 29 CLC (AD)

....of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......of any excess duty under section 33 of the Act within six months of such payment his writ petition is not maintainable. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 149. ......appeared through an Assistant Attorney-General Appellant No. 4 entering appearance through a learned Advocate but did not appear at the time of hearing of the writ petition 4. The learned Judges of the High Court Division after hearing the parties and following the case of Collector of ..

Category: Fiscal/Taxation Law | Date: | Hits: 94

Abdul Khaleque (Md) Vs. Sec, Ministry of Law, Justice and Parliamentary Affairs, 2000, 29 CLC (AD)

.... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ...... find any substance in the submissions of the learned Advocate for the petitioner. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 147. ......y the Assistant Secretary, Ministry of Law and Justice was illegal and void and also for a declaration that he was in service. His case was that while he was a Sheristader in the Court of District Judge, Patuakhali he submitted a report to the concerned authority that Abdur Rashid Chaklader, ex-..

Category: Administrative Law | Date: | Hits: 125

Billal Vs. State, 2000, 29 CLC (AD)

....of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......of the said Code. But the sentence as awarded shall remain unaltered. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 143. ......passed by a Division Bench of the High Court Division in Criminal Appeal No. 2439 of 1995 dismissing the appeal and affirming the conviction and sentence of the appellant by the Additional Sessions Judge, 3rd Court, Dhaka by his judgment and order dated 2-10-1995 passed in Sessions Case No. 242 ..

Category: Criminal Law | Date: | Hits: 58

Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)

....de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ...... Judgment       Kazi Ebadul Hoque J.- This appeal at the instance of the defendant No. 2 by leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and se..

Category: Others | Date: | Hits: 84

Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)

....he plaintiff and interest accrued thereon has already been redeemed. The defendants did not deliver possession of the, schedule property. The plaintiff filed LMO Case No. 76 of 1973 before the Sub-Divisional Office (North), Dhaka for restoration of the possession of the mortgaged property. The s......y dismissed without costs. Order of the Court   By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ......9). Judgment      Latifur Rahman CJ.- This appeal by leave at the instance of the plaintiff-appellant is against the judgment and decree passed by a learned Single Judge of the High Court Division in Civil Revision No. 742 of 1989 on 21-4-93, setting aside the ju..

Category: Property Law | Date: | Hits: 64

ASF Rahman and another Vs. AM Agha Yousuf and others, 2000, 29 CLC (AD)

....garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ......garding locus standi of the appellants. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 127. ...... Rahman J.- I agree with the view of my learned brother Justice BB Roy Choudhury. Kazi Ebadul Hoque J.- This appeal by leave is from judgment and order dated 25-8-1999 passed by the Company Judge of the High Court Division in Matter No. 106 of 1997 disposing of the objection raise by the ..

Category: Business or Commercial Law | Date: | Hits: 107

Bisheswar Bhattacharjee Vs. Shantimoy Bhattacharjee and others, 2000, 29 CLC (AD)

....udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ......udge refusing to strike out the defence. This petition merits no consideration and is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 124. ...... of 1997. Judgment:      Bimalendu Bikash Roy Chowdhury J.- The relevant facts are brief. The petitioner along with another brought in the First Court of Subordinate Judge, Chittagong a suit for declaration of tile, confirmation of possession etc, in respect of ce..

Category: Procedural Law | Date: | Hits: 97

Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)

....ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ......uit property has been correctly enlisted as vested property as the owners thereof had left for India and the Government is in possession thereof through its lessee. 4. The Senior Assistant Judge, Sreenagar, dismissed the suit in consideration of the evidence on record. 5. The pl..

Category: Property Law | Date: | Hits: 59

Abdul Hashem (Md) @ Bachchu Fakir and others Vs. State, 2000, 29 CLC (AD)

....n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......n and sentence is based on other sufficient and reliable legal evidence on record. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 117. ......ated 24-11-97 passed by a Division Bench of the High Court Division affirming the judgment and order of conviction and sentence passed under section 396 of the Penal Code by the Additional Sessions Judge Faridpur in Sessions Case No. 35 of 1991 and sentencing each of the petitioners to suffer im..

Category: Criminal Law | Date: | Hits: 64

Secretary, Ministry of Finance Vs. Md. Masdar Hossain and others, 1999, 28 CLC (AD)

....ndence for effective and meaningful discharge of its constitutional functions. For the above reasons, I concur with the judgment. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 82. ......amal Hossain has drawn our attention to the original and unamended Chapter II of Part VI of the Constitution and has also referred to the Eighth Amendment case (Anwar Hossain vs. Bangladesh, BLD 1980 Special Issue 1) and submits that the independence of the judiciary has been accepted by this Court ......ellant from the judgment and order dated 7-5-97 passed by a Division Bench of the High Court Division in Writ Petition No. 2424 of 1995. 2. 223 Writ petitioner-respondents who are either District Judges, Additional District Judges or Subordinate Judges or other judges in the subordinate judiciar..

Category: Constitutional Law | Date: | Hits: 829

Shamsuddin Ahmed Vs. Md. Gholam Rabbani & Others, 2000, 29 CLC (AD)

....e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......e in the above mentioned no action is called for upon this petition. The petition is accordingly, disposed of. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 81. ......mpt of Court Act, 1926 (XII of 1926), Section 2 While a judgement is pending on appeal before this Division, publishing an article with an opinion on the subject matter is sub-judice and the Judge will desist from committing such an act in future.  Case Referred to- 4 B..

Category: Criminal Law | Date: | Hits: 63

Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)

.... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ......t       AM Mahmudur Rahman J.- This petition for leave to appeal by the plaintiff-petitioners is from the judgment and order dated 30-1-95 passed by a learned Single Judge of the High Court Division in Civil Revision No. 5199/(Dhaka) 209/87 (Chittagong) making the ..

Category: Civil Law | Date: | Hits: 104

Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)

....pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..

Category: Business or Commercial Law | Date: | Hits: 104