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Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......rsuant to the decision of the Board BSRS issued Sale Certificate under rule 9 of the (Direct Sale of Mortgaged Property) Rules, 1981 as the rule requires the BSRS to issue a sale certificate when the full sale price of the mortgaged property has been deposited under rule 8. In this state of affairs ......irected to run the Mill. It further appears that the BSRS by a notice under reference No.17.03.09.05/6943 dated 12‑10‑92 under Article 34 of the BSRS Order, 1972 and the BSRS (Direct Sale of Mortgaged Property) Rules, 1981 asked the petitioner company and its directors to pay company’s loa..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
....r even if the confessional statement of the condemned–prisoner Nazma Sarker @ Beauty is taken to be true and voluntary. Mr. Sircar further submits that the condemned prisoner Rokeya Begum is a poor woman who had been serving in the house of deceased Hanif Sarker as maid servant and she has been ma......bat” measuring 91/2” each in length, one blood stained bed sheet, 2 blood stained pillow covers with two pillows and blood stained red printed shari, a blood stained Orna (Scarf), a blood stained full pant and a blue colored half handed vest lying beside the dead body of Hanif Sarker. The appell......others, III ADC (2006) 840; Joygun Bibi Vs. the State, 12 DLR (SC) 157; 16 DLR (SC) 598; 19 DLR 819; 31 DLR 316; 56 DLR 124; Shafali Begum and another Vs. The State, 1 BCR (1981) 105; SCR 1979 (Vol) page 417; 42 DLR 187; AIR 1954 (SC) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers I..Category: Criminal Law | Date: | Hits: 98
Mostain Mollah and others Vs. State, 1990, 19 CLC (HCD)
....oth the appeals are, therefore, allowed. We reject the letter of reference submitted by the learned Sessions Judge, Narail. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 295. ......names of accused persons are coming to light giving detailed particulars as to the encirclement by the accused party and attacking the victims and Lutfor Rahman. It is also stated in the FIR that the full particulars as to time, manner of attacking of Golam Hossain, Belayet Khan and Lutfor by the ac......ed of by this judgment. 2. The prosecution case, in short, is that on 24.10.84 at about afternoon P.W.2 Lutfor Shaikh along with the deceased Golam Hossain and Belayet Khan went to Deodanga village in the house of Gopal Sardar for settling a dispute (Salish). After completion of the salish the..Category: Criminal Law | Date: | Hits: 95
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
....and the affidavit-in‑opposition would be corrected and read as if those names were never mentioned and no such imputation made. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 312.......ttorney-General, had taken us through the relevant portion of the affidavit‑in‑opposition and some Annexures and submitted that in the impugned order and the grounds supplied to the detenu, the full facts were not given and it is not necessary to give the full facts. He further submitted that ......ration was unable to function, wanton corruption at all level became permissible as part of life causing unbearable sufferings to the people, law and order situation was deteriorated to an alarming stage, etc. After assuming power, he created a reign of terror throughout the whole country and during..Category: Criminal Law | Date: | Hits: 113
Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)
....hich can be the subject of dissolution for good cause. In this respect, Islam, the Din‑al‑Fitrat, confirms to the dictates of human nature and does not prescribe the binding together of a man and woman to what has been described as "holy dead‑lock". "In interpreting verse 2.229, it has been...... with her husband appeared before Hazrat Umar, a companion of the Holy Prophet, wanting a divorce, and though he advised her to live with her husband she refused. The Caliph shut her up in a dungeon, full of refuse, and when, after being kept there for three days, she was brought before him, asked h......eferred to- PLD 1967 (Sc) 97; PLD 1959 (WP) Lahore 93; 17 DLR 687; 32 DLR 94; Mst. Khurshid Bibi Vs. Baboo Muhammad Amin, 19 DLR (SC) 97; Bilquis Fatema Vs. Najam‑ul‑Ikram, 11 DLR (WP Lahore) page 109. Lawyers Involved: Dr. Rafiqur Rahman with Md. AY Masihuzzaman, Advocates ‑ For the ..Category: Family Law | Date: | Hits: 265
....e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
......the opposite party No.3 Mr. Shamsur Rahman, Deputy Inspector-General of Prisons, Nazimuddin Road, Dhaka Central Jail, Dhaka to show cause why he shall not be committed for Contempt of Court for willfully violating and disregarding the orders of this Court to release the detenu A.T. Kamruzzaman......e is sentenced to pay a fine of Taka 500/- within one month from date, in default to suffer simple imprisonment for three (3) days.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 508.
..
Category: Criminal Law | Date: | Hits: 124
....ance in the contentions raised by the learned Advocate for the appellant.
In the result, the appeal is dismissed without any cost.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1993) 45.
......e insurance company and the appellant also relied on this survey report to build up his case of non-disclosure. There being a loss under the policy as stipulated, we find that the defendant cannot lawfully avoid the claim of the plaintiff.
12. Lastly, it may be stated that the carrier is no doubt...... claims if any with the appellant Insurance Company. The consignment duly arrived at Tongi and on survey on 8.5.63 it was found that 310 pieces out of a total of 375 pieces of wired glasses were damaged. The damaged glasses were a total loss and were unusable by the plaintiff. Accordingly the plai..
Category: Business or Commercial Law | Date: | Hits: 325
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
.... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......nstitute a fresh suit in respect of the same matter, the consent of the co-plaintiffs is not necessary and sub-rule (4) of rule 1 of Order 23 C.P.C. has no application to such cases" — applies in full force in the instant case. 9. In this case plaintiff Nos.1-3 and 8-10 filed the application ...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ..Category: Procedural Law | Date: | Hits: 82
....ulgation of the said Proclamation i.e. on the date of repeal of MLO 9.
I, accordingly, concur with the order passed by my learned brother.
Ed.
This Case is also Reported in: 42 DLR (1990) 1.
...... existed to give effect to this right, it became, as we have already observed, nugatory. In other words, para 2 of the Proclamation of Withdrawal of Martial Law which repealed MLO 9 cannot be given full effect so far as the inevitable legal consequence of repeal of MLO 9 is concerned. In order to ......to. The para 9 of these documents runs as follows:-
"The allegation/charges brought “against Mr. Ahmed are futile having no substance and they will never end in conviction. There will be miscarriage of justice if Mr. Ahmed is further harassed by prolonging the case. So the case should be dispos..
Category: Employment/Service Law | Date: | Hits: 209
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....4. Let the Lower Court Records along with a copy of this judgment and order be sent to the concerned Court below for information and necessary action at once. Ed. This Case is also Reported in: ......ding Post Mortem Examination on the dead body of deceased Sabrina Afroz Julie he found the following injuries on her person. i) One incised injury on the right external ear ( 1 1/2 “ X ½ “ X full thickness). ii) One incised injury on the right parietal region of the head ( 3 ½ “ X 1 ......24.11.2006 imposed upon the condemned prisoners (1) Md. Sirajul Islam, son of late Haji Sabje Ali Miah, (2) Sohel Rana, son of Md. Sirajul Islam, (3) Rajib Ahmed, son of Md. Sirajul Islam, all of village West Medda, Police Station Brahmonbaria, District-Brahmonbaria, (4) Masum, son of Abu Sama Drive..Category: Criminal Law | Date: | Hits: 105
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....a Deb embraced Islam and adopted the name Babu Khan. Birendra’s father having failed to persuade his son to renounce Islam, urged upon the Fouzdar of Sylhet to get Birendra (Babu Khan) married to a woman of respectable and decent origin and lineage. Babu Khan married Hurmat Jahan, daughter of a Mu......y did the job of tarnishing the image of her great grandfather and is now seen to be fiercely protecting the good name of Dewan Hasan Raja Chowdhury. This is a paradox. Having felled a beautiful tree full of fragrant flowers it is of no use and consequence now trying to blame others that they have c......ificate issued for screening the film 'Hason Raja' should not be declared to have been done without lawful authority and to be of no legal effect. Instead the prayer was couched in the following language is contained in prayer ”A" referred to above. 4. Mr. Khan argued his case very strenuously ..Category: Civil Law | Date: | Hits: 210
Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)
....observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ......contends that by the impugned notification dated 2-12-2010 the Commission having decided to hold the election of 4(four) Paurashava of Cox's Bazar district declared the schedule with time frame for stages such as submitting nomination papers, withdrawal of nomination paper and the date of election..Category: Election Law | Date: | Hits: 217
Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)
....ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......r, could lay their hands on any decided case exactly on the points raised. Therefore, the learned Advocates of the respective parties with their knowledge of law and understanding of the subject skillfully tried to interpret the various Articles of the Constitution in support of their respective vie......7 of 1987 (Not reported); Bangladesh Vs. Md. Habibur Rahman alias Manu, 31 DLR (AD) 152; Jamil Huq and others Vs. Bangladesh and others, 34 DLR 125; Halsbury's Laws of Engladcsh (3rd Edition Vol-III page 187 para 402 and para 408 page 191; Abrar Hossain Vs. Govt. of Pakistan and another, PLD 1976 (S..Category: Constitutional Law | Date: | Hits: 353
.... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 333.
......k). Mr. Ozair Faruque then placed the decision reported in 14 BLD (AD) 196 (Sultana Jute Mills Ltd. and another vs. Agrani Bank and others) wherein it has been held that the Artha Rin Adalat is not a full-fledged Civil Court with all the powers and jurisdiction of a Civil Court. It is a Civil Court ......Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property mentioned in the schedule attached to the plaint which was mortgaged with the plaintiff opposite party No.1 and the plaintiff also prayed for realisation of interes..
Category: Civil Law | Date: | Hits: 135
Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)
....e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ...... been owning and possessing the suit land ever since his purchase in 1947 and after his death his heirs i.e. the defendants have been in continued and uninterrupted possession of the suit land to the full knowledge of the plaintiffs and there had not been any forgery and false personation in the exe......………Opposite Parties Judgment August 19, 1997. Result: The Rule is made absolute. Cases Referred To- 39 DLR (AD) 223 (Civil Appeal No.113 of 1983); 33 Indian Appeal cases at page 60; AIR 1984; Ghulam Muhammad Vs. Sher Dil, PLD 1967 Azad J & K 26; Kamod Singh Vs. Khemkara..Category: Procedural Law | Date: | Hits: 103
Saiful Islam Dilder Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)
.... find any substance in this writ petition. In the result, this writ petition is rejected in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 318. ......t declared in its resolution of 24 June 1993 that there was urgent need of changing the FAP’s classification within the World Bank project scheme from category ‘B’ to category ‘A’ requiring full environmental assessment. A group of environmental lawyers possessed of pertinent, bonafide and...... The learned Advocate further contends that the Government of Bangladesh is under legal obligation not to extradite Anup Chetia to India. To support his contention he read out to us the following passages from International Law in Contemporary Perspective written by Myres Dougal W Michael Reisman fr..Category: Constitutional Law | Date: | Hits: 421
....be discharged.
In the result, this Rule is discharged and in the facts and circumstances of the case we pass no order as to cost.
Ed.
This case is also Reported in: 49 DLR (HD) (1997) 126.
......t.
7. Mr. Shahabuddin Ahmad, the learned Deputy Attorney‑General appearing on behalf of the Respondents, submits that the appointment of the present petitioner was a temporary one and knowing it fully well that it was a temporary appointment he accepted the office of the Government Pleader of D......en appointed as Government Pleader from Dhaka by an order issued under the signature of the respondent No.3 which is Annexure-A to this Writ Petition. Further, it is stated that the petitioner it now aged about 55 years as his date of birth is 1st February, 1941 and he is entitled to serve as Govern..
Category: Others | Date: | Hits: 212
Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ......Ahmed was a usurper without any legal claim or right to run the administration of the country. 52. Both Dr. Karnal Hossain and Mr. Amirul Islam put much emphasis on Asma Jilanl's case. We have carefully gone through the judgment of Asma Jilani's case and it appears to us that their Lordships of t......the said Ordinance No.50 of 1973 inasmuch as there was no total prohibition of trying the offenders and the alleged certificate could not be a conclusive evidence of such an offence. By specific language the Indemnity (Repeal) Act, 1996, has taken away all the effects and consequences of the so‑ca..Category: Criminal Law | Date: | Hits: 202
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
....The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......re that the petitioner Ali Azam as plaintiff instituted the instant suit for declaration that the defendant is his benamder in respect of the land as described in the schedule of the plaint. They are full brothers. The plaintiff joined in service in 1956. On the other hand, the defendant joined in 1......d in 1972. Their father served in a Sub-Registrar’s office. He had two wives, two sons and two daughters by his first wife and one son and two daughters by his second wife. He was a resident of village Mokimpar. After erosion of property in the river their father took shelter in the house of his e..Category: Property Law | Date: | Hits: 103
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......d he should be released on bail for proper treatment otherwise he will die in Jail Custody. 5. Mr. Rafique-ul-Huq, the learned Advocate for the convict-appellant submits that the convict-appellant aged 58 years is totally innocent and has been falsely implicated in the case Mr. Huq submits that a..Category: Criminal Law | Date: | Hits: 125
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