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Mahbubul Alam (Md.) Vs. Bangladesh, represented by the Secretary, Ministry of Information and others, 2009, 38 CLC (HCD)

....hmed Vs. Bangladesh, 49 DLR (AD) 111 on the ground of maintainability of writ even when alternative remedy is available. 6. Mr. Abdus Samad Kamal, the learned Deputy Attorney-General, on the other hand, opposes the Rule by taking preliminary point on the ground of maintainability of the writ peti......writ petition is not maintainable. In view of the discussions as made above, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 728. ..

Category: Administrative Law | Date: | Hits: 494

Anwar Hossain (Md.) Vs. State, 2008, 37 CLC (HCD)

....or of the accused. Though an accused is charged with one offence he may be convicted for another kind of offence if the allegations made in the charge are proved beyond reasonable doubt. On the other hand, the accused cannot be convicted if the allegations made in the charge constituting the offence......anted in any other connection. Send down the lower Court records along with a copy of the judgment expeditiously. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 671. ..

Category: Criminal Law | Date: | Hits: 74

Abdul Kader Bhuiyan and 17 others Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others, 2008, 37 CLC (HCD)

....tion 3, 5(1) and 5(3) of the Emergency Requisition of Property Act, 1948 (the 1948 Act) were duly served on 31-5-1966 and 18-7- 1966 observing all legal formalities and the possession of the land was handed ever to the requiring body on 19-4-1966 (sic) including the disputed land of the writ petitio...... without any order as to costs. The order of status quo granted at the time of issuance of the Rules is hereby vacated. Ed. This Case is also Reported in:   61 DLR (HCD) (2009) 28. ..

Category: Property Law | Date: | Hits: 121

Chittagong Chamber of Commerce and Industry and another Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)

....ch is also spoken of as "ex visceribus actus" helps in avoiding any inconsistency either within a Section or between two different Sections or provisions of the same statute. [Sultana Begum Vs. Prim Chand, AIR 1997 SC 1006]……………..(32) While interpretation the provisions of a statute, th...... costs. The interim order passed in both the Writ Petitions at the time of issuance of the Rules are hereby recalled and vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 341. ..

Category: Others | Date: | Hits: 107

Bangladesh Water Development Board Vs. MR. Sikder, 2003, 32 CLC (HCD)

....nd the learned Arbitrator rightly made the award on taking into consideration all material aspects of the case and the material evidence on record. 4. The case of the defendant Board, on the other hand, is that although an agreement was signed between the parties for completion of the work on the......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

Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....he bank filed Artha Rin Case No.57 of 2002 before the Artha Rin Adalat No.3, Dhaka for realization of the same. During pendency of the Artha Rin Case, though the accused-petitioner and other partners handed over 24 Taxi Cabs to the bank, they did not hand over 6 Taxi Cabs to the bank authority. It i......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ..

Category: Criminal Law | Date: | Hits: 92

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

.... of Public Prosecution, 1944 AC 315= (1944) 2 All ER 13; Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Hassan Vs. State, 1969 Criminal Law Journal, 1007; Mahbub Shah Vs. Emperor, AIR 1945 PC 118; Chand Mia alias Chan Mia Mondal and others Vs. State, 42 DLR (AD) 3; Barendra Kumar Ghosh Vs. Emperor......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ..

Category: Criminal Law | Date: | Hits: 98

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....arms and ammunition and corroboration from independent source becomes imperative in carrying guilt to the door of accused-person and, also, base conviction and sentence upon him. 6. In the case in hand no such independent corroboration is available in support of versions provided by highly intere......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ..

Category: Criminal Law | Date: | Hits: 125

Fakir (Md.) Tariqul Islam Vs. State and others, 1996, 25 CLC (HCD)

....;reported in 2 BCR 1982 (HCD) 4 and another case from the Indian jurisdiction namely, Niaz Muhammad Baksh Vs. Emperor AIR 1939 (Sind) 148. 6. The learned Assistant Attorney‑General, on the other hand, vehemently contends that since the alleged offence is an offence under the Criminal Law Amendm......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

Moniruddin (Md.) Abedullah and others Vs. Controller of Examinations, Dhaka University and others, 1997, 26 CLC (HCD)

....ination of 1987 held in the 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 outsid......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

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

....‘86 passed by the learned Sessions Judge, Brahmanbaria in Session Case No.83 of 1985 acquitting them should not be set aside. 2. Prosecution case is that, informant P.W.1 Bachu Miah, father P.W.5 Chand Ali purchased 0.24 decimals of land of plot No.1545 with three huts thereon and while they were......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Bangladesh Vs. Shudhir Chandra Nath, 2011, 40 CLC (HCD)

....gh Court Division (Civil Revisional Jurisdiction) Present: Siddiqur Rahman Mian J Bangladesh, represented by the DC Bogra……………………………….Petitioner Vs. Shudhir Chandra Nath………………………………..Opposite Parties Judgment March 23, 2011. ......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

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

....arter just after sunset, he was followed by the appellant without his knowledge. When he entered his room and turned on the light, he found the appellant standing in front of him with a dagger in his hand. The appellant demanded Taka 10,000 from the informant, who fought with the appellant in order ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

...., 1799 of 2011 and 1800 of 2011 got their appointments. Accordingly they had joined to their respective posts. There was no illegality or irregu­larity in the process of such selection. On the other hand, it is the case of the respondents as well as the petitioner of Writ Petition No.6791 of 2010 a......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

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

.... property is illegal, void and not binding upon the petition­ers. 3. The plaintiff's case in short, is that, the suit property originally belonged to Nalini Kanta, Ashutosh, Nokuleshwar, Narayan Chandra, Barada Kanta, Tara Prosanna, Jotindra Chandra, Jayanto Kumar and Gobinda Charan and they set......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, repre­sented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....e the respondent No.5 failed to comply those terms and condition the said 'No-objec­tion' was later cancelled. In the meantime the possession of the entire concern Taj Jute Backing Co. Ltd. has been handed over to the Respondent No.3 Uttara Bank though the Court, pursuant to the provision of Artha ......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ..

Category: Administrative Law | Date: | Hits: 299

Sree Sree Moha Prabhu and Sree Sree Gopal Jew Deities Vs. Biresh Ranjan Dhar and others, 2009, 38 CLC (HCD)

....upplementary affidavit dated 12.11.2009 be kept with the record. 2. The Rule was issued at the instance of the defendant Sree Sree Moha Parbhu and Sree Sree Gopal Jew Deities represented Sri Anil Chandra Nath Secretary, Executive Committee, calling upon the plaintiff opposite party to show cause ...... and decree given at time of issuance of rule is vacated. The office is directed to send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 51. ..

Category: Property Law | Date: | Hits: 102

Allama Delawar Hossain Sayedee Vs. Bangladesh, and others, 2009, 38 CLC (HCD)

....ned countries embassies and purchasing air ticket, the Petitioner on 24.7.2009 went to the Zia International Airport at Kurmitola, Dhaka to board a Saudi Arabia Airlines Flight to Jeddah but after he handed his Bangladeshi passport and travel documents to the Immigration Officer at the Airport the R......d the respondents are hereby directed to allow the Petitioner to leave and re-enter Bangladesh. There will be no order as to cost. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

Rezia Khatun Chowdhurani and others Vs. Shamir Kumar Chowdhury and others, 2008, 37 CLC (HCD)

..............(11) Case Referred to- Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 40 ILR (PC) 289; Jamshed Khodaram Irani Vs. Burjorji Dhunjibhat, 20 CWN 744; Mahadeo Prosad Agarwala Vs. Narain Chandra Chakrabarti, 30 CLJ 224; Koylash Chandra Doss and others Vs. Tariney Charan Singhee and anoth...... these Rules. In the result, these Rules are discharged without any order as to costs. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 131. ..

Category: Civil Law | Date: | Hits: 138

Nasirullah and another Vs. Government of Bangladesh and others, 2008, 37 CLC (HCD)

....quisition), 3 BLC 330; Mizanur Rahman (Md.) Vs. Deputy Commissioner, Mymensingh, 7 BLC (AD) 17; Sankar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Bangladesh Vs. Subash Chandra Das, 46 DLR (AD) 63. Lawyers Involved: Khondker Mahbubuddin Ahmed with Prabir Halder, A......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