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Nurul Islam and another Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other,1992, 21 CLC (HCD)

....man with Serajur Rahman, Advocates‑For the Respondent Nos. 5 and 6. Writ Petition No. 696 of 1990. Judgment AKM Sadeque J.- A Rule Nisi was issued at the instance, of the petitioners Md. Nurul Israil, President, Bangladesh Registration Tax Collecting Karmachari Samity and Mohammad A......of the case we hold that the Rule cannot be sustained. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 46. ......others 33 DLR (AD) 177; 1968 SCMR 995; 30 DLR 368; 29 DLR 1968; SCMR 995, 29 DLR 188;21 DLR 188. Lawyers Involved: Abul Quasem with Hemayetul Islam, Advocates‑For the Petitioners. QA Hossain, AAG‑For the Respondent Nos. 1-4. Dr. Rafiqur Rahman with Serajur Rahman, Advocatesâ€......urul Islam and another…………………………………………………….Petitioners Vs. Secretary, Ministry of Law & Justice, Bangladesh Sachibalaya, Dhaka and other&hell..

Category: Constitutional Law, Employment/Service Law | Date: 30 Jun, 1992 | Hits: 8

Serajul Islam Thakur Vs. Government of Bangla¬desh and another, 1992, 21 CLC (HCD)

....71 (SC) 2111; Union of India Vs. K.S. Subramanian, A.I.R. 1976(SC) 2433; Bangladesh Vs. A.K.M. Zahangir Hossain, 34 D.L.R. (AD) 173; Rear Admiral A.A. Mustafa (W.P. No. 64/92); Brigadier Abul Hasanat Md. Abdullah (W.P. No.15/87); Jamil Huq and II others Vs. Bangladesh, 34 DLR (AD) 125. Lawyers ......2 of the Constitution before this Court. In the result, the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 318   ...... Bangladesh, 43 D.L.R. (HCD) 446; A.I.R. 1964 SC 600; L.R. Khurana Vs. Union of India. A.I.R. 1971 (SC) 2111; Union of India Vs. K.S. Subramanian, A.I.R. 1976(SC) 2433; Bangladesh Vs. A.K.M. Zahangir Hossain, 34 D.L.R. (AD) 173; Rear Admiral A.A. Mustafa (W.P. No. 64/92); Brigadier Abul Hasanat Md. ......ahmudur Rahman J Serajul Islam Thakur...................Petitioner [In WP No. 1731/89] SRK Lohani………….........................Petitioner [In WP No. 1737/89] Vs. Government of Bangla­desh and another...........Respondent [In both the writ petitions]..

Category: Administrative Law | Date: 27 May, 1992 | Hits: 1

Muzibur Rahman Talukder Vs. AKM Musa and others, 1992, 21 CLC (HCD)

....are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......lip Kumar Basak, the then Magistrate, 1st Class and Upazila Magistrate, Madaripur wherever they are now, in accordance, with law. Ed. This Case is also Reported in: 47 DLR (AD) (1995) 21. ......pecial Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Muzibur Rahman Talukder…………………........Petitioner Vs. AKM Musa and others………………………..

Category: Criminal Law | Date: 25 May, 1992 | Hits: 107

Syed Ali Mandal alias Md. Syed Ali and 4 others Vs. State, 1992, 21 CLC (HCD)

....orted in: 46 DLR (HCD) (1994) 149.   ......original FIR has been lost from the file, a copy of the same was taken into evidence and in so doing no illegality has been committed. 12. Before the trial Court the prosecution examined one Md. Anwarul Islam of DAB Santahar Railway Station as P.W.1. He deposed that on being summoned by the Cou......of the same and discharged from their respective bail bonds. Let the lower Court records be sent down at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 149.   ......ourt High Court Division (Criminal Appellate jurisdiction) Present: Mahmudul Amin Chowdhury J Syed Ali Mandal alias Md. Syed Ali and 4 others……..Appellants Vs. State…………………………&helli..

Category: Criminal Law | Date: 20 May, 1992 | Hits: 2

State Vs. Constable Lal Mia and another, 1992, 21 CLC (AD)

....e to Appeal No.91 of 88] Judgment May 14, 1992. Result The appeal is allowed. Cases Referred to- 10 DLR (SC) 29; Babulal Chaukhari Vs. King Empenror AIR 1938 PC 130; Ata Md. Khan Alvi PLD 1950 Lah (FB) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC......misjoinder of charges and persons, was bound to be different. 3. Admittedly there was an occurrence in the night following 1.3.75 in the house of the complainant Hamida Khatun (P.W.1) in village Anwarpur, PS Balaganj, District Sylhet in which one ASI Harunur Rashid and four constables, namely, ......B) 288; 5 DLR (FC) 161; 10 DLR (SC) 29; AIR 1954 (SC) 436; AIR 1963 (SC) 1850; 10 DLR 134;  16 DLR 349. Lawyers Involved: AW Bhuiyan Additional Attorney‑General ins­tructed by, B Hossain, Advocate-on-Record-For the Appellant. (In Crliminal Appeal No.8 of 1988) SK Sinha, Adv......;                                 Vs. Constable Lal Mia and another .........................Accused-Respondents [Criminal A..

Category: Criminal Law | Date: 14 May, 1992 | Hits: 73

Aftabuddin Ahmed Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others, 1992, 21 CLC (HCD)

....thers Vs. Province of East Pakistan 20 DLR 976, 980; Sultanuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252. Lawyers Involved: Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner. QA Hossain, AAG‑For the Respondent Nos.1 an......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 59. ......nuddin Chowdhury Vs. Government of the People's Republic Bangladesh, 32 DLR 252. Lawyers Involved: Azizur Rahman Choudhury with Md. Abdul Mannan, Advocates‑For the Petitioner. QA Hossain, AAG‑For the Respondent Nos.1 and 2. Syed Dastagir Hossain,Advocate‑For the Respond...... High Court Division (Special Original Jurisdiction) Present: AKM Sadeque J Mainur Reza Chowdhury J Aftabuddin Ahmed.......................................Petitioner Vs. Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Prop..

Category: Property Law | Date: 22 Apr, 1992 | Hits: 4

Syed Rahmatur Rub Irtiza Ahsan Vs. Government of the People's Republic of Bangladesh and others, 1992, 21 CLC (HCD)

.... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294       ......nnexure‑I to the Writ Petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 294       ......deration and filed the same on 30.9.90. The Election Committee found his nomination paper as valid. The election was held on 19.10.90 and the petitioner secured the highest vote, Thereafter one Altaf Hossain Sharif who was not contestant in the election at the instance of another defeated candidate ......High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Kazi Ebadul Hoque J Syed Rahmatur Rub Irtiza Ahsan.............................Petitioner Vs. Government of the People's Republic of Bangladesh and others..........Respondents ..

Category: Constitutional Law | Date: 12 Mar, 1992 | Hits: 2

Younus Chokdar Vs. Election Commission and others, 1992, 21 CLC (HCD)

....lle Vs. London Express Newspaper (1919 AC 368); Farid Mia Vs. Anijad Ali alias Nazu Mia and Ors, 42 DLR (AD) 13; Farid Mia, 42 DLR (AD) 13; Farzana Ali Vs. Province of West Pakistan PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque 40 DLR (AD) 10. Lawyers Involved: Abdul Hamid Chowdhur......asan, Upazila Shibchar, District Madaripur by post for information and necessary action as he thinks fit and proper. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 395   ......on Express Newspaper (1919 AC 368); Farid Mia Vs. Anijad Ali alias Nazu Mia and Ors, 42 DLR (AD) 13; Farid Mia, 42 DLR (AD) 13; Farzana Ali Vs. Province of West Pakistan PLD 1970 (SC) 98; Md. Mostafa Hossain Vs. Md. Faruque 40 DLR (AD) 10. Lawyers Involved: Abdul Hamid Chowdhury, Advocate&...... Court Division (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J KM Hasan J Younus Chokdar....................................Petitioner Vs. Election Commission and others..................Respondents Judgment   ..

Category: Administrative Law, Election Law | Date: 27 Feb, 1992 | Hits: 2

M M Sahidur Rahman Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Finance, Secretariat Building, Dhaka and others, 1992, 21 CLC (HCD)

....r by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ...... Let the operation of this judgment and order be stayed for 2(two) weeks from date as prayed for by Khondker Mahbubuddin Ahmed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 187 ...... (Para 16); JB Chopra Vs. Union of India AIR 1987 SC 357 (Para 2) Zainal Abedin Vs. Bangladesh, 34 DLR 77. LawyersInvolved: Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin and Mirza Hossain Haider—For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney­-General ......me Court High Court Division (Special Original Jurisdiction) Present: Md. Abdul Jalil J Naimuddin Ahmed J M M Sahidur Rahman..............................Petitioner Vs. Government of the People's Republic of Bangladesh through the Secretary, Ministry of Fi..

Category: Administrative Law | Date: 12 Feb, 1992 | Hits: 1

Sonali Fishermen's Co opera¬tive Society Ltd. represented by Majharul Islam Vs. Bangladesh and others, 1992, 21 CLC (HCD)

....erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......erms of the lease deed. Let a copy of this order be sent to respondent Nos. 1, 3 and 5 immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 403     ......Vs. Bangladesh and others, 39 DLR (AD) 85 Lawyers Involved: Syed Ishtiaq Ahmed with Mahmudul Islam and Miss Nihad Kabir, Advocates—For the Petitioner. AY Salehuzzaman DAG with QA Hossain, AAG— For the respondent No. 1-7. No one–For the added Respondent No. 8 ......ali Fishermen's Co‑opera­tive Society Ltd. represented by Majharul Islam……………………………….Petitioner Vs. Bangladesh and others……………………&helli..

Category: Property Law | Date: 15 Jan, 1992 | Hits: 3

Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)

.... Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......Petitioner Vs. Kamal Kha...............................Opposite Party Judgment January 6, 1992. Result: The Rule is made absolute. Cases Referred to- Md. Golam Hossain Vs. Mst. Asia Khatun reported, 40 DLR (AD) 1; Ramjan Ali Mistry Vs. Md. Hedayetulta, 31 DLR ......HCD) (1994) 346 ..

Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3

BD Sangbadpalra Parishad (BSP) Vs. Government of the People's Repub. of BD, 1991, 20 CLC (AD)

....a Vs. Union of India, AIR 1984 (SC) 802; Dr. DC Wadhwa and others Vs. State of Bihar, AIR 1987 (Sc 579. Lawyers Involved: Asrarul Hossain and Khandker Mahbubuddin Ahmed, Senior Advocates (Md. Joynul Abedin, Advocate with them) instructed by Md. Aftab Hossain, Advocate-on-Record-For the P......late Division (Civil) Present: MH Rahman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangla......s Vs Union of India, AIR 1983 (SC) 130; Bandhu Mukti Morcha Vs. Union of India, AIR 1984 (SC) 802; Dr. DC Wadhwa and others Vs. State of Bihar, AIR 1987 (Sc 579. Lawyers Involved: Asrarul Hossain and Khandker Mahbubuddin Ahmed, Senior Advocates (Md. Joynul Abedin, Advocate with them) ins......t: MH Rahman J ATM Afzal J Mustata Kamal J Latifur Rahman J Bangladesh Sangbadpatra Parishad (BSP) represented by its Secretary General Anwarul Islam........ Petitioner Vs. The Government of the People's Republic of Bangla­desh, represented by its Secretar..

Category: Constitutional Law | Date: 15 Jul, 1991 | Hits: 251

Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)

.... (HCD) (1992) 291. ......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claims...........................(10) Cases Referred to- Al‑Haj Ahmed Hossain Khan Vs. Rezaur Rahman, 42 DLR (AD) 225; Amal Kumar Moitra Vs. Md. Mashiur Rahman, 30 DLR (S......t here. Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991..

Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958

Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. Vs. Secretary, Ministry of Land and others, 1991, 20 CLC (HCD)

.... (Special Original Jurisdiction) Present: Fazle Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and ot......nt No.4) shall put the fishery in question in public auction on 1st or 2nd Baisakh, 1399 BS or within a week from 1st Baisakh, 1399 BS. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 1. ......titioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, 1991. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Petitioner. QA Hossain, Assistant Attorney General ‑ For the Respondent No.1. SS Halder with Shahed Alam, Advo......e Hussain Mohammad Habibur Rahman J Mainur Reza Chowdhury J Nilkhi Arial Kha Matsyajibi Samabaya Samity Ltd. represented by its President Md. Alimuzzaman Khalashi.................Petitioner Vs. The Secretary, Ministry of Land and others ..............Respondents Judgment May 30, ..

Category: Property Law | Date: 30 May, 1991 | Hits: 85

Tapash Nandi Vs. State and others, 1991, 20 CLC (HCD)

....on Report with the police station under sections 448/366A/109/34 read with section 4(a) of the Cruelty to Women (Deterrent Punishment) Ordinance on 1.11.89 against the accused opposite parties namely Md. Shahid and others alleging that the victim girl who is about 16 years of age and a first year st...... to the Court below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 26. ......e Parties Judgment March 28, 1991. Case Referred Uo- 42 DLR (HCD) 297. Lawyers Involved: SS Haldar with RC Moitra, Advocates ‑ For the Petitioner. Khandker Mahbub Hossain with Khandker Gulzar Hossain, Advocates ‑ For the Opposite Parties. Shah Azizur Rahma...... High Court Division (Criminal Revisional Jurisdiction) Present: Anwarul Haque Chowdhury J Badrul Islam Chowdhury J Tapash Nandi ..........................Petitioner Vs. State and others.................Opposite Parties Judgment March 28, 1991. C..

Category: Women and Children | Date: 28 Mar, 1991 | Hits: 86

Rahela Khatun Vs. Chairman, Court of Settle­ment, Bangladesh Abandon­ed Buildings, 1991, 20 CLC (HCD)

....o have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 5. ......n­ed Buildings, Segunbagicha, Ramna, Dhaka and others.................Respondents Judgment March 12, 1991. Lawyers Involved: Mahfuzur Rahman, Advocate ‑ For the Petitioner. Q Akhtar Hossain, Assit. Attorney‑General ‑ For the Respondent No. 2. Writ Petition No. 398 of 1989. ...... DLR (HCD) (1993) 5. ..

Category: Property Law | Date: 12 Mar, 1991 | Hits: 77

Dhanu Mia (Md) and another Vs. The State, 1991, 20 CLC (AD)

....of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......of the Deputy Commissioner, Comilla till disposal of the Criminal Appeal No.137 of 1988 now pending in the High Court Division. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121. ......rt Division ought to have exercised his judicial discretion in the matter of granting bail to the appellants. Lawyers Involved: Sajjadul Huq, Advocate-on-Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by Sharifuddin Chakiader, Advocate-on- Record-For the R...... Division (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Dhanu Mia (Md) and another....................Accused-Appellants Vs. The State..............................................Respondent Judgment Feb..

Category: Criminal Law | Date: 25 Feb, 1991 | Hits: 45

Hossain Mohammad Ershad Vs. State, 1991, 20 CLC (HCD)

....r was fixed for hearing with the consent of Mr. Kazi Shahadat Hossain, the learned Advocate for the petitioner and it was taken up for hearing on 13.2.1991. 3. The facts of the case are that Mr. Md. Shamser Alam, Deputy Police Commissioner, (North) Dhaka lodged information with the Officer‑in......the rule and we must not be understood to have expressed any opinion about the merit of the Criminal Proceeding sought to be quashed. Ed. This Case is also Reported in: 43 DLR (1991) 150. ......Case is also Reported in: 43 DLR (1991) 150. ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: Abdul Bari Sarker J Habibur Rahman Khan J Hossain Mohammad Ershad..............Petitioner Vs. The State…………………………&h..

Category: Criminal Law | Date: 14 Feb, 1991 | Hits: 92

Sumati Begum Vs. Rafiqueullah and State, 1991, 20 CLC (HCD)

....not yet attained the age of 16 years." 16. In the case of Annada Mohan Banerjee Vt State & others reported in 35 DLR 315 a Division Bench of this Court comprising Abdur Rahman Chowdhury and Md. Altaf Hossain JJ. observed as under: "It appears that she is above 16 years today. For the...... stayed for 15 days from today. The Rule is accordingly discharged. Communi­cate this order to the courts below at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 500. ......tody and be given to her parent or be set at her liberty. In the case of Sukhendra Chandra Das Vs. the Secretary, Ministry of Home Affairs, reported in 42 DLR 79 a Division Branch comprising of Fazal Hossain Mohammad Habibur Rahman, and Mahmudul Amin Chowdhury JJ observed as follows: "In the p...... High Court Division (Criminal Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Badrul Islam Choudhury J Sumati Begum....................Petitioner Vs. 1. Rafiqueullah, 2. The State .........................Opposite‑Parties Judgment ..

Category: Women and Children | Date: 13 Feb, 1991 | Hits: 157

Baneazuddin Ahmed and others Vs. The State, 1991, 20 CLC (AD)

.... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ...... on bail already granted, till disposal of the Criminal Revision No. 21 of 1989 pending before the High Court Division, Dhaka. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 123. ......y followed in the High Court Division in revision. Lawyers Involved: Dr. Rafiqur Rahman, Senior Advocate, instructed by Serajur Rahman, Advocate-on–Record-For the Appellants. B Hossain, Deputy Attorney-General, instructed by M Nowab Ali, Advocate-on-Record-For the Respondent. ...... (Criminal) Present: MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J Baneazuddin Ahmed and others ............................Accused-Appellants Vs. The State................……………Respondent Judgment..

Category: Criminal Law | Date: 15 Jan, 1991 | Hits: 42