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Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)
....s of the Bar including some Internationally reputed and recognized jurists and made naked allegations having no foundation. 19. The learned Counsel for the petitioner submits that police being public servant has acted illegally violating the law of the country. Rather the police acted arbit......gment be sent to the Ministry of Home Affairs and the Inspector General of Police. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 204; 16 MLR (HCD) (2011) 343; 30 BLD (HCD) (2010) 400. ..Category: Criminal Law | Date: | Hits: 132
....h Court Division
(Special Original Jurisdiction)
Present:
Mahfuzur Rahman J
MM Ruhul Amin J
Karamat Ali and others…………………Petitioners.
Vs.
Government of People’s Republic of Bangladesh and others…………………Respondents
Judgment
December 9, 1997.
......d the case land under PS Lalmonirhat, District Rangpour by two deeds of conveyance being Nos. 6507 and 10276 dated 14-10-64 and 14-6-68 respectively and was in possession of the same. While he was in peaceful possession the Government evicted him in early 1972 and thereafter he made several represen..
Category: Property Law | Date: | Hits: 150
Syed Matiur Rahman Motiur Rahman @ Motiur Rahman Vs. State, 1983, 12 CLC (AD)
....ant could attract the provision of President's Order No.16 of 1973, the Bangladesh National Liberation Struggle (Indemnity) Order, 1973. Relevant Article 3 of the said order is quoted below: "3. A public prosecutor shall, upon the Government certifying that a case against any person in the servic......Division have rightly affirmed the said decision. We find no reason to interfere with the impugned decision. The appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 329...Category: Criminal Law | Date: | Hits: 82
A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)
....Criminal Revision No.444 of 1980 refusing to quash the proceeding pending in the Court of Senior Special Judge, Bogra. 2. Leave was granted to consider the question whether the accused being a public servant prior sanction for his prosecution was mandatory under section 6(5) of the Criminal......he High Court Division is set aside and the proceeding in Special Case No.15 of 1980 pending before the Special Judge, Bogra is quashed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 324...Category: Criminal Law | Date: | Hits: 81
Moazzem Hossain Vs. State, 1983, 12 CLC (AD)
....bias demand that the cause or matter should not be heard by the Judge concerned. 13. The submission on bias is formidable and cannot be brushed aside. The confidence in Courts of justice which the public possess must in no way be tarnished, diminished or wiped out by contumacious behaviour of any......fructuous order. Syed Md. Hossain Ali, J.- I fully agree with my learned brother Shahabuddin Ahmed, J. I find hardly anything to add. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 290...Category: Criminal Law | Date: | Hits: 116
.... a lockout, in accordance with the notice of lock-out and strike. If the lock-out or strike continues for more than 30 days the Govt. may by written order prohibit the lock-out or strike but when a public utility service is involved the Govt. may prohibit the lock-out or strike at any time before ......of the Constitution.
In the result, the appeal is allowed without any order as to costs. The order of the Labour Court is set aside.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 251. ..
Category: Labour and Industrial Law | Date: | Hits: 167
Nakuleswar Sana Vs. State, 1983, 12 CLC (AD)
.... Bank against the accused appellant, a businessman and the co-accused, Sultan Hossain, Branch Manager of the Bank at Kawrikhara Bazer on allegation of criminal breach of trust, misappropriation, of public money, etc., and charge-sheet was submitted against both the accused on 18-7-76 under section......ed, JJ; I concur with the decision of Shahabuddin Ahmed, J. ORDER OF THE COURT By the majority judgment, the appeal is dismissed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 284...Category: Criminal Law | Date: | Hits: 95
A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)
....sation Board, Ex parte Lain [1967] 2Q.B. 864; Bank of Scotland Vs. Investment Management Regulatory Organisations Ltd. 1989 SLT 432; R Vs. International Stock Exchange of the United Kingdom and the Republic of Ireland Ltd. ex-parte Else, (1993 QB 534; R Vs. Press Complaints Commission ex-parte Stewa......idge was reviewed by having recourse to Prerogative Writ. 49. During the 18th and early 19th century there was little administrative or political control over the activities of the Justices of the peace, but their exercise of power could be challenged in the Courts of Kings Bench by recourse to t..Category: Property Law | Date: | Hits: 159
.... the Petitioner.
A.B.M. Altaf Hossain, Deputy Attorney General - For the respondents.
Writ Petition No. 2709 of 2008.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issu......monument, which was duly accepted. Permission was transmitted to the petitioner by a letter dated 03.02.2008, and as such, the respondents are under an obligation not to disturb the petitioner in its peaceful pursuit to complete the monument.
The petitioner has not violated any terms as laid down..
Category: Civil Law | Date: | Hits: 218
Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)
....Government to execute and register a sale deed in favour of the petitioner within 60 days as it transpired, at the time of appeal-hearing, that the said property had in the meantime vested in the Republic in view of Article 143 of the Constitution because of the death of the said Lady intestate an......d dated 14-9-1965 executed by the then DIT in her favour meaning, amongst others, that she would hold it under RAJUK upon mutation. Under Clause-4 of the said Sale Deed, the Government recognized her peaceful possession in the said property. 10. Therefore, since Articles 4 and 5(2)(e) & (i) o..Category: Property Law | Date: | Hits: 127
Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....kh Fazle Noor Taposh, learned Advocate appearing for the accused petitioner submits that the ingredient of section 161 of the Penal Code is as follows: 161. Whoever, being, or expecting to be, a public servant, accepts or obtain, or agree to accept, or attempts to obtain from any person, for hi......o.3 of 2008, now pending in the Court of Special Judge, Court No.1, Dhaka be quashed so far as it relates to the accused petitioner. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 162. ..Category: Criminal Law | Date: | Hits: 156
....uty Attorney General with Yehida Zaman, Assistant Attorney General - for the Respondent.
Writ Petition No. 9592 of 2010.
An application under Article 102 of the Constitution of the People’s Republic of Bangladesh.
Judgment
AHM Shamsuddin Choudhury J. - The Rule under adjudication, issu......erve the notice at the cost of office.
We felt that the prayer is a cogent one and hence, resolved to accede to the same.
Jahangir Hossain J. - I agree.
Ed.
This Case is also Reported in:
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Category: Property Law | Date: | Hits: 159
Bakshu Mia Vs. Govt.of Bangladesh and others, 1977, 6 CLC (AD)
....nal shall have all the powers conferred by the Code on a Court of Sessions exercising original jurisdiction, and a person conducting prosecution before such Special Tribunal shall be deemed to be a public prosecutor." The language of the section is plain. It says that the provisions of the Code......nal or the High Court which calls for an interference. For the reasons, the appeal is dismissed, but we make no orders as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 228. ..Category: Criminal Law | Date: | Hits: 99
Chairman, National Board of Revenue, Bangladesh Vs. M/s. GMG Corporation Ltd., 1982, 11 CLC (AD)
.... favour of the first bank namely, Shilp Rin Sangstha which is the first loan to the respondent on execution of the mortgage of the respondent's properties to it. Since the question raised is of great public importance involving fiscal matter, leave was granted. 6. Certain facts are admitted: that...... COURT By the majority opinion the appeal is allowed with costs and judgment and order of the High Court Division are set aside. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 262. ..Category: Fiscal/Taxation Law | Date: | Hits: 269
Shafi Khan Vs. Mannujan Hossain and others, 1983, 12 CLC (AD)
....der dated October 27, 1981 passed by the High Court Division in F.M.A. No. 471 of 1976) Judgment Shahabuddin Ahmed J.- In this appeal by special leave the question, which appears to be of great public interest, is whether the right of pre-emption is available when the land sought to be pre-emp......ed orders allowing pre-emption are set aside and the application for pre-emption is dismissed. No order as to costs for the appeal. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 225. ..Category: Property Law | Date: | Hits: 77
Sheikh Hasina Vs. Bangladesh, 2010, 39 CLC (HCD)
....ha Sadan, House No.54, Road No.5, Dhanmondi Residential Area, Dhaka....... Petitioner Vs. Bangladesh, represented by the Secretary for Ministry, Cabinet Division, Government of the People’s Republic of Bangladesh, Bangladesh Secretariat, Secretariat Building, Ramna, Dhaka and others............... of Corruption Act 1947, is set aside, so far as the same relates to the instant Petitioner only. There is no order on cost. Borhanuddin J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 133
....ed to as (“The Abandoned Property Order") by the following notification:
"The Bangladesh, Gazette Extraordinary published by Authority Saturday, January 24, 1976.
Government of the People's Republic of Bangladesh Cabinet Secretariat, Cabin Division Notification.
Dacca the 24th January, 19......any learned brother Mr. Justice Munim that these appeals should be dismissed.
Order of the Court.
The appeals are dismissed.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 169.
..
Category: Others | Date: | Hits: 154
Alhaj Md. Chowdhury Alam and others Vs. Md. Nasiruddin Shah and others, 2004, 33 CLC (AD)
....e Waqf Ordinance, 1962 and the provision of section 43 and 44 thereof the High Court Division has erred in making the rule absolute. The learned Counsel further submitted that Mutwalli of the instant public Waqf having been appointed by the Waqf Administrator whenever there had been a vacancy, exerc...... above, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: ..Category: Trust/Waqf Law | Date: | Hits: 148
....dur Union Parishad under Police Station Palash, District Narisingdi and is representing the inhabitants and voters of the said Union Parishad. That recently in order to constitute Palash Pourashava a public notice was published on 22.6.1998 showing said Pourashava to be consisted of Mouza namely Goa......ion made by Mr. Afric."
Accordingly, we do not find any substance in the submission of the learned Counsel for the petitioner.
The petition is dismissed.
Ed.
This Case is also Reported in: ..
Category: Election Law | Date: | Hits: 190
Christian Service Society (CSS) Vs. First Labour Court, Chittagong and others, 2008, 37 CLC (HCD)
....itioner. Mahbubul Huq, Advocate—For the Respondents. Writ Petition No. 2429 of 2005 Judgment Mamnoon Rahman J.- In an application under Article 102 of the Constitution of the People's Republic of Bangladesh, the petitioner has challenged the impugned judgment and order dated 30-11-20......itted illegality in deciding the case beyond its jurisdiction. Accordingly, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 125. ..Category: Labour and Industrial Law | Date: | Hits: 201
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