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Zafar Ahmed Vs. Mir Iftekharuddin & another, 2009, 38 CLC (HCD)
....d Advocate further submits that the learned Judge of the trial Court committed mistake in not allowing the stay petition filed by the accused-petitioner and, as such, the impugned order rejecting the prayer is liable to be set aside. 5. Mr. Md. Khurshid Alam Khan, the learned Advocate appearing o......e or any other order passed as this Court may deem fit and proper. 2. Pending hearing of the Rule, further proceeding of the above mentioned Sessions Case was also stayed. 3. The relevant facts for necessary purpose of disposal of the Rule are that the opposite party No. 1, Mir Iftekharuddin, ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ......al Judge is directed to proceed with the case expeditiously. Send a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 732. ..Category: Procedural Law | Date: | Hits: 128
Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)
.... to complete the work of the project as per schedule. On 2‑1‑91 they informed the plaintiff in writing that the progress of the work of the plaintiff was very unsatisfactory. Subsequently, on the prayer of the plaintiff they extended time and allowed the plaintiff contractor to complete the work......th Md. SR Khoshnabish, Advocates-For the Respondent. First Appeal No.597 of 1999 with Miscellaneous Appeal No.289 of 1999. Judgment Gour Gopal Saha J.-These two appeals are taken up together for disposal by a single judgment as the matters involved in the 2 appeals are intermingled. 2.......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ......eous case No.207 of 1994 of the 3rd Court of Subordinate Judge, Dhaka stands allowed. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 682. ..Category: Alternative Dispute Resolution | Date: | Hits: 543
Ahmed Hossain alias Mohammad Hossain & others Vs. State, 2003, 32 CLC (HCD)
....llant. Golam Mohammad Chowdhury, Deputy Attorney-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is u...... Golam Mohammad Chowdhury, Deputy Attorney-General-For the Respondent. Criminal Appeal No.706 of 2003. Judgment SAN Mominur Rahman J.- This appeal is against an order refusing the prayer for bail. It has been submitted by the learned Advocate for the appellant that this case is under Ja......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ......f bail bond to the satisfaction of the Deputy Commissioner, Chittagong. The appeal is accordingly, disposed of without admission. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 680. ..Category: Criminal Law | Date: | Hits: 79
Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)
.... place sewerage line over the suit land is illegal, arbitrary and act of high handedness and prayed for permanent injunction against construction of sewerage line. But after the construction the said prayer was amended and new prayer for passing a decree for mandatory injunction directing the defend...... Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defendants have already taken possession, a suit for permanent injunction is not maintainable. The plaintiff is to pray for recovery of possession…...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ...... Court, Dhaka in Title Suit No.181 of 1994 are hereby set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..Category: Procedural Law | Date: | Hits: 137
Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)
....t of the petitioner, the Bank by creating AAM facilities released the goods. The period of repayment of loan expired on 31-12- 1987 but the petitioner did not adjust the same. Thereafter, the Bank on prayer of the petitioner again sanctioned cash credit loan of Taka 20, 00,000 on pledge basis and sa......r as to costs. Whether the court can direct implementation of the recommendation made by the Sick Industries Rehabilitation Cell? This recommendation is neither a legal instrument having force of law nor a law creating any legal right for the petitioner so as to implement it through a C......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..Category: Constitutional Law | Date: | Hits: 334
Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)
....er filed a petition of complaint on 24‑8‑92 against accused‑opposite parties Nos.2 and 3 before the Senior Special Judge, Bagerhat under section 4 of the Criminal Law Amendment Act, 1958 with a prayer for taking cognisance under sections 161 and 165A of the Penal Code alleging, inter alia, tha......inal Law Amendment Act, 1958 should be given plain and simple meaning. Requirements of section 6(5) of the said Act is mandatory and a Court or tribunal must obtain prior sanction from the Government for prosecuting a public servant if he continues to be so at the time of taking cognisance irrespect......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ......r of application in the present case. In that view of the matter, we confirm and uphold the impugned orders and discharge the Rule. Ed. This case is also Reported in:49 DLR (HCD) (1997) 419. ..Category: Criminal Law | Date: | Hits: 130
....ersity starting from 29th December, 1990 and demanded to review the result withheld by the Controller of Examination. All Party Students Union (Apsu) made representation to the Vice Chancellor with a prayer to withdraw the impugned order who in his turn was pleased to give word of honour that the ma......he year 1989. The petitioners were served with notices dated 20‑10‑90 directing them to submit written statement by way of showing cause to be written in their respective hands to respondent No.2 for alleged offences of depositing answer script/papers written from outside the examination hall an......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
......0 of 1992 we hold that this Writ petition is not maintainable.
In the result the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 567.
..
Category: Constitutional Law | Date: | Hits: 300
Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)
....10,175.10 behind their back and being aware they filed an application before the Land Acquisition Officer, Bogra claiming the amount but no action was taken. Hence the suit was filed with the above prayer. 5. The defendant No.1 Government contested the suit by filing a written statement. Its ca......ow Joint District Judge) in Title Suit No.32 of 1973 should not be set aside. 2. The short facts which have given rise to the Rule are as follows: The plaintiff instituted Title Suit No.32 of 1973 for declaration of title to the suit land described in the schedule of the plaint and recovery of kh......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ......al power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 309. ..Category: Procedural Law | Date: | Hits: 111
Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....petitioners of aforesaid four writ petitions on 27-6-2010 and 4-7-2010. Then after cancellation of those appointments the respondent No.4, who was the petitioner of Writ Petition No.6791 of 2010, prayer for getting the said writ petition discharged and in view of the cancellation of the order of......torney-General, Shafiqul Islam Siddique, Assistant Attorney-General and Swamp Kanti Deb, Assistant Attorney-General - For the Respondent No.1 and 2 (In Writ Petition Nos. 1796, 1798-1800 of 2011) and for Respondent No.1 of (In Writ Petition No.6791 of 2010). Khurshid Alam Khan, Advocate - F......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ..Category: Employment/Service Law | Date: | Hits: 148
Islamic Democratic Party (IDP) Vs. Bangladesh Election Commission and others, 2008, 37 CLC (HCD)
....বিধিমালা-২০০৮”, the Election Commission illegally rejected the application for registration. 3. Mr. S.N. Goswami, the learned Advocate for the petitioner submits that the prayer for registration of the petitioner as a political party was refused without affording it an o......ical party. 2. The petitioner, the Islamic Democratic Party (IDP), is a political party represented by its Convener, Sheikh Abdus Salam. The petitioner through by its convener filed an application for registration under the provisions contained in Representation of the People Order, 1972 and the ......r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ......r as a political party cannot be substituted by the satisfaction of this Court. Accordingly, the application is rejected summarily. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 12. ..Category: Election Law | Date: | Hits: 723
Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)
....ut they were not produced for cross-examination inspite of issuance of witness warrant. Petitioner moved the Metropolitan Sessions Judge, Dhaka vide Criminal Miscellaneous Case No.808 of 2008 but his prayer for bail was rejected and hence moved this Court for bail and obtained the present rule. 6...... The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses were examined, but were not pr......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ..Category: Criminal Law | Date: | Hits: 88
Md. Taimur Rahman alias Toibur Vs. State, 2010, 39 CLC (HCD)
....09 against the petitioner and others under section 448/323/324/307/302/34 of the Penal Code. 5. Thereafter the petitioner was voluntarily surrendered on 11.8.2009 and moved for bail, but since his prayer for bail was rejected by the impugned order, he then obtained the instant rule. 6. The lea......ereby caused family quarrel between 2 families, consequently at about 2.00 P.M. accused persons entered into his house with different deadly weapons and inflicted different injuries upon the son of informant named Majedul. Accused Taimur gave blow on his head and caused severe blood injuries, when h...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ...... at liberty to cancel the bail, if the accused petitioner misuses in any way the privilege of bail. Communicate the order at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 272. ..Category: Criminal Law | Date: | Hits: 87
Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)
....t the objection from respondent No.3. the petitioner on 9-9-2007 submitted another objection to respondent No. 2. Hearing the objection, respondent No.3 assured the petitioner of consideration of his prayer after obtaining a report from the concerned officers about the existence of the vast vacant a......n of Immovable Property Ordinance, 1982 (Ordinance No. II of 1982); section 3 Under section 3, the notice is required to be published at convenient places on or near the property in the prescribed form and manner stating that the property is proposed to be acquired. But section 3 of the Ordinance......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ......ted. No order as to costs. The Rule issued in Writ Petition No. 3071 of 2008 is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 119. ..Category: Property Law | Date: | Hits: 79
LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....plication and now disposes the same by this single order. 2. This Court on 8-11-2010 passed an order of arrest of the vessel 'MV BK Ace', now lying at the outer anchorage of Chittagong Port on the prayer of the plaintiff LMJ International Limited, which instituted the instant Admiralty Suit on th......le, the holder of it gets the ownership of the said cargo carried by a vessel upon which the same was issued by the master of the vessel. Unless the original copy of the bills of lading is produced before the master of the vessel the master in no way is liable to deliver the cargo to any person, els......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Salam Mollick (Md.) Vs. State, 1996, 25 CLC (HCD)
....discharged. Appearance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer on their part for appearance in the Court through a Lawyer. Lawyers Involved: Syed Zia......rance in the Court through a Lawyer Considering the hardship on the part of female accused to appear regularly in the Court at a distant place, the Magistrate may consider any prayer on their part for appearance in the Court through a Lawyer. Lawyers Involved: Syed Ziaul Karim, Advocate ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ...... the Rule is discharged with the observation made above and the order of stay the stands vacated. Send down the LC records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 329. ..Category: Procedural Law | Date: | Hits: 120
Nurul Hoque Vs. Bazal Ahmed and 3 others, 1995, 24 CLC (HCD)
....he accused petitioners. On 20‑12‑78 the informant opposite party Nurul Haque, informant of case No.7(11)78 corresponding to GR Case No.538/78 filed a naraji petition against the final report with prayer to summon the petitioner and other accused persons under proper sections. The learned Magistr......le if the order of discharge was not passed on merits. If cognizance is taken on the basis of a fresh complaint there can be no objection to the proceedings at all and in a proper case an application for revival also may amount to a fresh complaint. A naraji petition is a fresh complaint and a Magis......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ......f the Code and then to proceed in accordance with law. Communicate the order to the Courts below and send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 327. ..Category: Criminal Law | Date: | Hits: 138
Mohammad Shahidul Islam @ Mufti Shahidul Islam Vs. National Board of Revenue, 2008, 37 CLC (HCD)
....of the Prevention of Corruption Act, 1947 was fully justified. 21. Lastly, he strenuously submitted that this Division particularly this Bench has got no jurisdiction to issue Rule and hear such a prayer for quashing of the proceeding pending before the Special Judge. In support he cited the case......ase No.149 of 07 arising out of Kotwali P.S Case No.68 dated 30.05.07 corresponding to ACC GR Case No.40 of 2007 in the Court of Metropolitan Sessions Judge at Dhaka. 2. Petitioner is stated to be former Member of Parliament, in short, MP from the Constituency-94, (Narail-2) for the years 2001-20......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ......wful authority and as such, of no legal effect and accordingly, quashed, so far the petitioner is concerned. Communicate at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 441. ..Category: Fiscal/Taxation Law | Date: | Hits: 246
Kamrul Mia and others Vs. State, 2007, 36 CLC (HCD)
....of the accused petitions, is directed against Order No. 47 dated 14-6-2006 passed by the learned Judge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 rejecting the prayer for returning back the case to the original Court. 2. FIR was lodged on 12-9-2004 of an oc......ar Tribunal Ain, 2002 was promulgated? This Ain was promulgated to ensure speedy tail so that an accused may not languish days unnecessarily behind bars or may not be hanging in the name of trial for unlimited period, this Ain was promulgated keeping in mind the provision of Article 35 of the Co......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ......udge of Druta Bichar Tribunal No. 4, Dhaka in Druta Bichar Tribunal Case No. 27 of 2005 is set aside. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 474. ..Category: Procedural Law | Date: | Hits: 84
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
....with the attested copies of the essential papers including the report of the Enquiry Committee which were never supplied to him earlier for meeting the charges brought against him. Thereafter, upon prayer made by the petitioner on 2.6.1996, the Respondent No.3 supplied to the petitioner only an at......without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ..Category: Labour and Industrial Law | Date: | Hits: 2706
Md. Ismail Vs. State, 2012, 41 CLC (HCD)
....91 the Magistrate allowed time to the petitioner with condition that on the next date the case would be proceeded in absentia, if the petitioner failed to appear before the Court. On 09-07-1991 his prayer for time was not allowed and the Magistrate proceeded in absentia and framed charge against h......d in setting aside the Judgment and order of the Additional Metropolitan Sessions Judge The inherent power of the High Court Division under section 561A of the Code can be exercised only for either of the three purposes specifically mentioned in the section which are, firstly, to give......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ......ioner from the allegation of the CR case No.306 of 1991 is quashed and the accused is acquitted from the charge levelled against him. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 473. ..Category: Procedural Law | Date: | Hits: 94
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