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.... had been discharged from service by the aforesaid discharge certificates dated 26.1.86.
7. All the 3 petitioners preferred separate appeals before the Secretary, Ministry of Home Affairs with a prayer for reinstatement in service by applications dated 30.3.86 but ultimately by a memo dated 7......mander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said respondent No.3 sent a Bangladesh Rifleman to the outpost informing that some smugglers were caught with some old cycles and some pieces of clothes and he asked...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459....... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Anwar Ali Vs. State, 1987, 16 CLC (HCD)
....ected his application summarily. In the result of further investigation when the Investigating Agency submitted fresh (supplementary) charge sheet he once again was allowed to go on bail on his prayer to move the Hon'ble High Court and since then he has been absconding. All these acts of his p......nd convicted u/s 16 (3) read with section 16(1)(a) of the Special Powers Act, 1974 by Mr. Afzalul Huq, Special Tribunal, Pabna on 7.2.87 in Special Tribunal case No.27/85 and sentenced to suffer R.I. for 3 years and to pay a fine of Tk. 7,00,000/-, in default, to suffer R.I. for 1 year more. The sen......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ......ction. 16(3) read with section 16(I) (a) of the Special Powers Act. He may be set at liberty at once if not wanted in any other case. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 450. ..Category: Criminal Law | Date: | Hits: 108
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....the Court of 1st. Munsif, Dhaka on 28.11.84 when the Advocate for the petitioner Dr. Suraiya Hossain filed an application for adjournment. The petitioner lawyer was found absent on call and hence the prayer for adjournment was rejected as being not moved. The parties were directed to get ready at on......d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441.......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441...Category: Property Law | Date: | Hits: 88
Government of Bangladesh Vs. Israt Jahan Kazal, 1995, 24 CLC (HCD)
....f by a registered kabala dated 30.6.80, but the plaintiffs father was not aware of the fact that the suit property was an abandoned property. Hence the suit was filed for aforesaid declaration with a prayer for mandatory injunction directing the petitioner to restore possession of the property in fa...... Judge, Additional Court, Dhaka in Title Suit No.27 of 1989. 2. The Rule was issued at the instance of defendant Government calling upon the plaintiff‑opposite party to show cause as to why the aforesaid Judgment and decree of the Courts below should not be set aside. 3. The opposite party i......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161.......r interference by this Court. In the result, the Rule is discharged without any order as to costs. Send down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 161...Category: Property Law | Date: | Hits: 107
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....ntitled to be released under section 167(7A) of the Code of Criminal Procedure and therefore discharged the accused persons. 3. Thereafter by order dated 11.7.91 learned District Magistrate on the prayer of the Public Prosecutor revived the case under section 167(7A) of the said Code. The said pr......etitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal ......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148.......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....rs from the order dated 5.4.87 that some of the accused persons who appeared in the case filed an application under section 339C of the Code of Criminal Procedure for stopping the proceedings but the prayer was rejected by the Special Judge on 5.4.87. Thereafter on 17.9.89 accused, Mozhar Ali filed ......am Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Specia...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146....... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
....…Petitioner
Vs.
Md. Abdur Rouf, Chief Election Commissioner of Bangladesh Election Commission and others………………………Respondent
Judgment
June 5, 1995.
Result:
The prayer is refused.
Cases Referred to-
Nurul Huda Vs. Bahauddin and others, 1989 BLD 271; Mr. ...... Attorney-General and Mir Hashmat Ali Assistant Attorney-General - For the Respondent No.2.
Writ Petition No. 1087 of 1994.
Judgment
Habibur Rahman Khan J.- The matter could not be taken up for hearing on merit on the date fixed on 4.6.95 as the petitioner filed an application for referrin...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
...... of a lager Bench is refused.
Let the matter be fixed for hearing on 8.6.95 at the top of the list subject to part heard, if any.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 144.
..
Category: Procedural Law | Date: | Hits: 136
Sultan Ahmed alias Sentu Vs. State, 1994, 23 CLC (HCD)
....r. 4. The learned Chief Metropolitan Magistrate, Khulna accepted the police report and in accordance with the same discharged 3 of the accused persons including the present petitioner. There was a prayer for investigation of the case before the learned Chief Metropolitan Magistrate which was reje......e parties Judgment June 16, 1994. Result: The Rule is made absolute. Lawyers Involved: Sk. Atiar Rahman, Advocate - For the petitioner. Md. Shamsul Huda, Advocate - For the Informant. Syed Matiul Islam, Assistant Attorney-General - For the State. Criminal Revision No....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143....... The Rule is made absolute and the order of cognizance against the present petitioner taken by the learned Sessions Judge be set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 143...Category: Criminal Law | Date: | Hits: 92
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....had no interest in the suit land. It is no record whether any copy of that application was served upon the said plaintiffs 2-5. The same is also not produced before me. However, the Court allowed the prayer by order dated 22.4.82 which is Annexure -A and it is as follows: “১/২ নং বা......Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allowing an application for correction of the plaint and the decree passed on 15.12.83, by inserting the names of the opposi......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141......., the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141...Category: Procedural Law | Date: | Hits: 124
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....of the Ordinance were also pending. These two grounds still exist as none of the cam filed by the terminated employees had bow disposed of and respondent No.5 has not given any decision as yet on the prayer of the Bank Management for the de‑registration of the Union on the ground of its registrati......e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of...... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582....... effect. Let the order passed by this court earlier staying the further proceeding of criminal case No.10 of 1990 be vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 582...Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....2nd Court and ex‑officio Special Judge, Dhaka should not be quashed, or such other or further order or orders passed as to this court may seem fit and proper. 2. While issuing the Rule on the prayer of the accused petitioner further proceedings of the Special Case No.11 of 1992 was stayed. ......minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ......cated. The learned Special Judge is directed to hold the trial expeditiously. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 576. ..Category: Criminal Law | Date: | Hits: 81
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....n question was executed and registered by plaintiff-opposite-party voluntarily and being fully conversant with the contents of the deed and that it was read over and explained to her and she received prayer carpet from the done and deed in question is valid and bonafide document. 4. On these plea......urt of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husband used ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519...Category: Property Law | Date: | Hits: 134
Kazi Mohammad Elias Vs. Firdous Ara @ Sara, 1989, 18 CLC (HCD)
.....11.87 the petitioner moved the learned Chief Metropolitan Magistrate to review the order dated 20.10.87 but by an order of even date the learned Chief Metropolitan Magistrate rejected the plaintiffs prayer. Against the orders dated 20.10.87 and 8.11.87 the petitioner moved the learned Sessions Judg......1 of 1987 pending in the court of the Chief Metropolitan Magistrate, Dhaka should not be quashed. 2. On 18.4.87 the Opposite Party No.1 submitted a petition of complaint against the petitioner before the Chief Metropolitan Magistrate, Dhaka stating, inter alia, that she was married to the peti......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516.......te and the proceedings in the Petition Case No.461a1 of 1987 pending in the Court of Chief Metropolitan Magistrate, Dhaka, are quashed. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 516...Category: Family Law | Date: | Hits: 255
Janata Bank Vs. Mohiuddin Specialised Textile, 2009, 38 CLC (HCD)
....n Adalat Ain, Government recommendation for exemption of payment of interest pendent lite is applicable or not. 3. The plaintiff initiated the suit for realization of Taka 21,86,194 with following prayers: “(ক) বাদী ব্যাংক বিবাদীর বিরুদ্ধে ......dgment dated 26-1-1997 and decree dated 22-1-1997 passed by the Artha Rin Adalat, Kushtia in Artha Rin Suit No.131 of 1993 decreeing the suit without interest pendent lite. 2. The questions arisen for consideration: (i) whether the Court is empowered to refuse interest pendent lite while decre......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ......l be paid in Money Suit till realisation of decreetal amount. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 501. ..Category: Civil Law | Date: | Hits: 141
Shamsur Rahman alias Shamsu Moral and another Vs. State, 1998, 27 CLC (HCD)
....the High Court Division the learned Advocate for the appellant Mr. Md. Abdul Hoque prayed before the Bench taking up the matter that “he has instruction not to proceed with the appeal.” Upon such prayer the appeal was dismissed for non-prosecution by the Bench presided over by B Zaman, J. Therea......774 of 1990. Judgment AM Mahmudur Rahman J.- This is an application under section 561A of the Code of Criminal Procedure. 2. The petitioner was convicted and sentenced to suffer imprisonment for life under sections 302/34 of the Penal Code and for 2 years under section 201 of the Penal Code......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338.......tion 561A of the CrPC for the ends of justice. Accordingly, we do not find any merit in this application. And hence, it is rejected. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 338...Category: Criminal Law | Date: | Hits: 91
Delicia Dairy Food Ltd. Vs. Collector of Customs and others, 1998, 17 CLC (HCD)
....after by the letter dated 27-12-92 the Customs Authority directed the petitioner to deposit the short-levied customs duty and other levies within 7 days and that on deposit of the said petitioner’s prayer for renewal of the licence of the Bonded ware-house would be considered. It was also stated i......Rahima Food Corporation Ltd. Vs. Deputy Collector of Customs and others, 49 DLR 510; Md. Shahidullah Vs. Collector of customs and another, 48 DLR (AD) 58. Lawyers Involved: Zakir Hossain Munshi for Abdul Baset Majumder and Zainul Abedin, Advocates— For the Petitioner. AM Aminuddin, Assist......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381.......should be discharged on the said ground. In view of the discussion made above, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 381...Category: Fiscal/Taxation Law | Date: | Hits: 189
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....nst the petitioner for a declaration that the vested property proceedings in respect of the properties of schedule Ka to the plaint was unauthorised, illegal and without jurisdiction with a further prayer for permanent injunction restraining the defendant-petitioner from leasing out the Kha schedu......0, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, Advocate - For the Petitioner. Subodh Ranjan Dutta for A.K. Badrul Huq, Advocates - For the Opposite Parties. Civil Revision No.17 of 1985. Jud......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......First Court, Patuakhali for disposal of the Miscellaneous Case in accordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473...Category: Limitation Law | Date: | Hits: 275
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....rte decree and auction to maintain their own property rushed to the Court for setting aside the auction, not the decree as they are ready to pay the decreetal amount as such, Court should allow their prayer on taking the decreetal amount, as in that case neither the Sonali Bank nor the Bangladesh Ho......ree holder Sonali Bank instituted Title Suit No.21 of 2002 in Artha Rin Adalat No.1, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. P......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ..Category: Civil Law | Date: | Hits: 156
Majeda Khatun @ Majeda Rahman Vs. State, 1988, 17 CLC (HCD)
.... petitioner before the learned Chief Metropolitan Magistrate, Khulna but the same were rejected. Thereafter the petitioner moved the learned Sessions Judge, Khulna in Bail Case No.107 of 1987 but the prayer for bail was rejected by the learned Sessions Judge by his order dated 10.1.88 with the obser......titioner. Kaiseruddin Ahmed, Deputy Attorney General— For the State. Criminal Miscellaneous Case No.31 of 1988. Judgment Muhammed Ansar Ali J.- This Rule arises out of an application for bail under section 498 of the Code of Criminal Procedure at the instance of the accused petition......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ......l be free to cancel the bail of the petitioner in case of any violation of the privilege of bail granted hereby to her by this Court. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 76. ..Category: Criminal Law | Date: | Hits: 105
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
....and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ...... of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the Code of Civil Procedure. 2. There is a petition for amendment of the re-visional application, supported by an affidavit, filed today in the Court in......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ......and as such it calls for interference. The impugned order be set aside and the Rule be made absolute without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 72. ..Category: Procedural Law | Date: | Hits: 193
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