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Sahabuddin Vs. State, 2008, 37 CLC (HCD)

....ts under section 302 of the Penal Code. Section 34 of Penal Code, also, cannot be resorted to against convict appellants in the absence of any evidence that convict- appellants and other convicts had prior concert and prearranged plan and there had been meeting of minds and fusion of ideas amongst c......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ......be set at liberty forthwith if not wanted in connection with any other case. Lower Court Records be sent down at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 54. ..

Category: Criminal Law | Date: | Hits: 85

AKM Azizul Haque Vs. Government of Bangladesh, 1989, 18 CLC (HCD)

.... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ...... to the Secretary, Ministry of Home Affairs, and also to Secretary, Ministry of Law and Justice, Government of Bangladesh for perusal. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 189. ......ssment of an individual and curtailment of personal liberty. …………………………….(7) Cases Referred to- 20 DLR (1968) 1005; 28 DLR (1976) 117; Mrs. Tahera Islam Vs. the Secretary, Ministry of Home Affairs, Govern­ment of Bangladesh, 40 DLR (1988) 193. Lawyers Involved: Abu..

Category: Criminal Law | Date: | Hits: 66

Romisa Khanam Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

.... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ...... of respondent No. 2 presented under Rule 31 Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 18. ...... Court High Court Division (Special Original Jurisdiction) Present: MA Rashid J   Md. Ashfaqul Islam J Romisa Khanam …………………Petitioners Vs. Secretary, Ministry of Land, Government of People's Republic of Bangladesh and others ……………………â..

Category: Property Law | Date: | Hits: 120

Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)

....ustenance of the Polling Agents during the day of election. This is somewhat different from the facts of the case referred above where the expenditure was for entertainment per se arranged on a date, prior to the date of election. Hence I do not find the allegation of bribery to be proved. Moreover,...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......of Pakistan through Defence Secretary, Government of Pakistan Karachi Vs. Nazar Din Khattak & Sons, 21 PLD (Peshawar) 313; Harish Chandra Bajpai Vs. Triloki Singh (S), AIR 1957 SC 444; Secretary, Ministry of Food Division, Government of Bangladesh, Dhaka and others Vs. MF Limited, a Private Comp..

Category: Election Law | Date: | Hits: 300

Aminur Rashid Chowdhury Vs. Government of Bangladesh and others, 2012, 41 CLC (AD)

.... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ...... of land". Security of Tk. 1000/- is to be deposited within 1 (one) month. Preparation of paper book, as prayed for, is dispensed with. Ed. This Case is also Reported in:9 ADC (2012) 650. ......­lenging a letter under Memo No.21-3/2006-1060/S.A. dated 7.5.2006 issued under the signature of the writ respondent No.4, i.e., the Deputy Commissioner, Chittagong addressed to writ respondent No.1, Ministry of Land in the writ petition for final approval of the proposal to lease out 108.74 acres o..

Category: Civil Law | Date: | Hits: 182

Arshad and others Vs. State and another, 2010, 39 CLC (HCD)

....acquittal. If charge was not framed in the earlier complaint case when the last order of acquittal was recorded on the basis of withdrawal petition of the complainant, it is difficult to say that the prior case was ended in acquittal in its true sense after trial to attract the essential ingredient ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ......rder passed in connection with the Rule sands vacated. Send a copy of the judgment and order to the concerned Court below at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 233. ..

Category: Procedural Law | Date: | Hits: 108

Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)

....keeping in view the fact that she has been supporting a child in the same household. In either case, the claim is subject to article 120 of the First Schedule to the Limitation Act, 1908 i.e. 6 years prior to the date filing of the Family Suit……………………(50 & 52) Cases Referred t......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ..

Category: Family Law | Date: | Hits: 246

Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)

.... (Act No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act creats a priority of right to transfer property wherein the maxim "qui prior est tempore potior est jure" mea....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..

Category: Property Law | Date: | Hits: 134

Anwar Hossain (Md.) and others Vs. State and others, 2003, 32 CLC (HCD)

....d person is entitled to make an application……………….(20) A detenu's right to challenge the legality or propriety of his detention which was available to him under section 491 of the Code prior to the Constitution in operation, has been enlarged by the fundamental rights guaranteed to hi......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ......strict Magistrates, Dhaka, Chittagong and Khulna, by postal guaranteed service for their Guidance and to act in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 643. ..

Category: Criminal Law | Date: | Hits: 114

Khokan Kumar Saha Vs. Secretary, Ministry of Home Affairs & others, 1989, 18 CLC (HCD)

....in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......in custody in Dhaka Central Jail, be released from custody forthwith if his further detention is not required in any of the connection. Ed. This Case is also Reported in:42 DLR (HD) (1990) 164. ......rt Division (Dhaka) (Special Original Jurisdiction) Present: Abdul Matin KhanChowdhury J Naimuddin Ahmed J Khokan Kumar Saha...................Petitioner Vs. The Secretary, Ministry of Home Affairs & ors..................Respondents Judgment April 5, 1989. Res..

Category: Criminal Law | Date: | Hits: 74

Moktar Ahmed Vs. Haji Farid Alam & another, 1989, 18 CLC (HCD)

....or al­tered on appeal or on revision on account of omis­sion to publish the order in one Bengali newspaper as required under section 339B Cr.P.C. It appears that section 537 was on the statute book prior to in­sertion of section 339B on 30.12.1982 by Ordinance No. XVI of 1982. Therefore, it seems......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ......l No.48 of 1986 and direct the learned Sessions Judge to hear the appeal on merit in accordance with law. The Rule is made absolute. Ed. This Case is also Reported in:42 DLR (HD) (1990) 162. ..

Category: Criminal Law | Date: | Hits: 110

Md. Sayem Islam Vs. State, 2006, 35 CLC (HCD)

....Rezaul Karim, the learned Assistant Attorney General appearing on behalf of respondent opposes the appeal and submits that as the seized substance was explosive substance, so police destroyed it with prior permission of Magistrate. He adds that seized explosive substance was recovered from the exclu......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ......ail bond. Send down the lower Court's records at once with a copy of the judgment for information and for taking necessary action. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 155. ..

Category: Criminal Law | Date: | Hits: 103

Reliant Commodities & Technologies Pte. Ltd. Vs. Bangladesh Chemical Industries Corporation, 2007, 36 CLC (HCD)

.... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ...... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ...... Orders previ­ously made in each of these cases by this Court are also accordingly maintained. 17. There are no orders as to costs. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 64. ..

Category: Alternative Dispute Resolution | Date: | Hits: 589

Shahanewas Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ...... convict Abul Hashem, son of Habibur Rahman as the warrant of accused has already been executed by arresting a wrong person i.e. the detenu. This Case is also Reported in: 50 DLR (HCD) (1998) 633. ......Special Original Jurisdiction) Present: Mahfuzur Rahman J M M Ruhul Amin J Shahanewas……………………..Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Home Affairs, and others…………………..Respondents Judgment November 20, 1..

Category: Criminal Law | Date: | Hits: 88

Rafiqul Alam Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others, 1997, 26 CLC (HCD)

....t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ......t's order. For the reasons stated above, the present application is rejected summarily as there is no substance in it. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 628. ......n (Civil) Present: AM Mahmudur Rahman J Abu Sayeed Ahammed J Rafiqul Alam……………………..Petitioner Vs. Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……..

Category: Civil Law, Contempt of Court Law | Date: | Hits: 99

Md. Aftab Uddin Vs. Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

...., within the country as well as in the foreign countries, and therefore it could not be the intention of the authority to allow the experts to leave the Legislative Drafting Wing at any point of time prior to their retirement and thereby not to lose the service of such experts and accordingly the ap......Mr. Kazi Habibul Awal, subject to merger of the officers of the "Drafting Wing" with the Bangladesh Judicial Services or on upgradation of the Drafting Wing as a Division, which thus is a conditional clearance given by the Supreme Court. 28. It appears from the said file that a letter bearing No.......em Mominur Rahman J.- Rule was issued calling upon the Respondents to show cause as to how and under what authority Mr. Kazi Habibul Awal, Additional Secretary of the Legislative Drafting Wing of the Ministry of Law, Justice and Parliamentary Affairs, the Respondent No.5, is holding or purported to ..

Category: Constitutional Law | Date: | Hits: 361

Md. Abdur Rouf Vs. Bangladesh Agricultural Development Corporation and others, 2005, 34 CLC (HCD)

....directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......directed to follow the judgment of the Appellate Division referred to above if similar dispute arises. There is no order to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 44. ......on of the committee dated 23.11.2002 fixing the seniority of the petitioner in the gradation list above respondent Nos. 8-15 (Annexure-O) and to comply with the direction/order dated 13.1.1991 of the Ministry of Agriculture (Annexure-I) and to consider the case of the petitioner for promotion to the..

Category: Employment/Service Law | Date: | Hits: 144

Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)

....te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ......ned Judgment and order dated 7‑10‑87.Being aggrieved by the said order of the Court of Settlement the petitioner filed this Writ Petitionand obtained the Rule. 7. The respondent No.2 Secretary Ministry of Works and Urban Development, Government of the People's Republic of Bangladesh filed an ..

Category: Property Law | Date: | Hits: 107

Shawqat Ara Salahuddin and others Vs. Government of the People's Republic of Bangladesh and others, 1996, 25 CLC (HCD)

....t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ......t wherever it is necessary within 60 days from the date of receipt of the copy of this Judgment. There will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 467. ......o mutate the names of the heirs of late Md. Serajuddin in terms of the said lease deed dated 26‑8‑60. On 28‑7‑87 the heirs of late Mr Serajuddin applied to the Assistant Secretary, Section 7, Ministry of Works, Government of Bangladesh, for mutating their names in terms of the lease deed on ..

Category: Property Law | Date: | Hits: 119

Smith Co-Generation (Bangladesh) Private Limited Vs. Bangladesh Power Development Board, 2010, 39 CLC (HCD)

....iled Money Execution Case No.4 of 2004 before the Court of District Judge, Dhaka for recovery of Tk. 84,75,44,524.80 along with interest in accordance with section 45 of the Arbitration Act, 2001 and prior to the said Execution Case the opposite party No.1 as plaintiff had filed two separate suits b......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ......ned District Judge, Dhaka is vacated. Communicate this Judgment at once. M. Moazzam Husain J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 284; 18 BLT (HCD) (2010) 261. ..

Category: Civil Law | Date: | Hits: 178