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State Vs. Dr. Md. Nurul Islam, 2011, 40 CLC (HCD)

....ondemned prisoner Dr. Md. Nurul Islam was aged about 72 years and at present is about 79 years. Furthermore, since arrest, immediately after the occurrence, he had been in custody for about 18 months prior to passing of his conviction and sentence on 10.7.2005 and he has been languishing in the cond...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ...... a copy of this judgment and order, be sent to the concerned Court below for information and necessary action at once. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 104

State Vs. Md. Saiful Huq @ A. Saiful and 6 others, 2012, 41 CLC (HCD)

....Alam, the learned Deputy Attorney-General with Mr. Md. Ensanuddin Sheikh and Mr. Md. Nurul Islam Matubbor, the learned Assistant Attorneys-General appearing for the State submits that about one month prior to the alleged occurrence there was a quarrel between Amani, Caretaker of Momtaz Mia’s Tank ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ......Send down the Lower Court Records with a copy of this judgment and order at once for information and necessary action. Md. Emdadul Haque Azad J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 93

Pranajit Barua Vs. State and another, 1998, 27 CLC (HCD)

....in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ......in Chittagong District Jail is declared illegal. Let him be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 399. ...... Cases Referred to- Ranabir Pal Singh Vs. Emperor, AIR 1949 Bombay 161; Md. Anowar Vs. Crown, PLD 1955 Lahore 585; Emperor Vs. Vimala Bai Desh Pande, AIR 1946 (PC) 123; Ranbir Das Vs. Secretary Ministry of Home Affairs, 28 DLR 48; Emperor Vs. Shibnath Banerjee, AIR 1946 (PC) 159; Sultanara Beg..

Category: Criminal Law | Date: | Hits: 72

Md. Khairullah Bhuiyan Vs. Haji Nurul Alam Chowdhury, being dead his heirs: Amena Khatun and others, 1982, 11 CLC (AD)

....ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ......ge and that of the High Court Division are set aside and the judgment of the trial Court restored. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 338. ..

Category: Property Law | Date: | Hits: 128

Dr. Kamal Hossain and others Vs. State, 2010, 39 CLC (HCD)

....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. ......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. ......he hand of the ruling party in each and every time. Several comments has been passed by this Court in its various decisions and those were reported in law journal and copies of which were sent to the Ministry of Home Affairs and the concerned depart­ment but it is unfortunate till today no improvem..

Category: Criminal Law | Date: | Hits: 132

Karamat Ali and others Vs. Government of People’s Republic of Bangladesh and others, 1997, 26 CLC (HCD)

.... Annexure-’A’. It is stated that at the relevant time i.e. 1st January, 1973 the transferor Mrs. Amena Khatun the original lease holder was a citizen of Bangladesh and she sold the said plot with prior permission dated 1-1-73 to the petitioners. The original lessee paid Taka 6,760.00 in favour o....... The respondents directed to exclude the property from ‘Kha’ list within 60 (sixty) days from the date of receipt of this order. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 372. .......) Vs. First Court of Settlement and others, 48 DLR (AD) 61; Saleha Khatun Vs. Chairman, 1st Court of Settlement and another, 49 DLR 243; Joban Nahar and others Vs. Bangladesh, through the Secretary, Ministry of Housing and Public Works Department, Government of the People’s Republic of Bangladesh..

Category: Property Law | Date: | Hits: 150

Major General Moinul Hossain Chowdhury Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)

.... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ...... also suffers from inordinate delay. For the above discussion, we reject this petition in limine without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 370. ......post of Chief of the Staff of the Bangladesh Army till 23-12-1997 and promoting him to the rank of Lt. General under Notification No.1-Pa-2/90/D-18/131 dated 3-6-1997 of the Government of Bangladesh, Ministry of Defence. 3. The petitioner joined the then Pakistan Army in 1962 and was graduated fr..

Category: Employment/Service Law | Date: | Hits: 244

A.S.S. Mohammad Ali Vs. State and another, 1983, 12 CLC (AD)

....on 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 Law Amendment ......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.......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

Biswaswar Das Karmakar & others Vs. Sasanka Moban Das Karmakar & others, 1982, 11 CLC (AD)

....served as follows: “Where a long time elapsed between the death of the testatrix and the date on which the Will was put forward for pro­bate, and the testatrix was an illiterate Hindu lady, the prior history of the case was worthy of consideration. When there were reasons for the delay in prop...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ...... before us, the contentions of the learned Counsel for the appellant do not seem to be convincing. The appeal is dismissed with costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 315. ..

Category: Property Law | Date: | Hits: 80

Abdul Khalek Mia Vs. Maya Debi & others, 1983, 12 CLC (AD)

.... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310....... In the result therefore this appeal is allowed and the judgment of the High Court Division is set aside without any order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 310...

Category: Property Law | Date: | Hits: 113

Eastern Beverage Industries Ltd. and Others Vs. Bangladesh and others, 1994, 23 CLC (HCD)

.... production capacity of plants, machinery, undertakings, establishments or installa­tions producing or manufacturing excisable goods in lieu of excise duty are reproduced as follows: "4) With the prior approval of the Central Government, the Central Board of Revenue may, in lieu of levying and c......ay frame proper guidelines for giving effect to the intention of the legislature in matters of fixing the capacity and the rate thereof. Ed. This case is also Reported in: 47 DLR (HCD) (1995) 32.......Government shall, for the purpose of sub‑section (5), constitute a Review Board consisting of three officers not below the rank of a Joint Secretary to the Government of Pakistan, one each from the Ministry of Finance, Ministry of Commerce and Ministry of Industries, the officer from the Ministry ..

Category: Fiscal/Taxation Law | Date: | Hits: 199

National Fans Ltd. Vs. Md. Firoz and another, 1995, 24 CLC (HCD)

....on of the design, to the High Court on any of the following grounds, namely: . (i) that the design has been previously registered in Bangladesh; or (ii) that it has been published in Bangladesh prior to the date of registration; or (iii) that the design is not a new or original design; or ......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437.......ontroller of Patents & Designs, is directed to remove the said design from the record and register of design. No order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 437...

Category: Intellectual Property Law | Date: | Hits: 192

Moazzem Hossain Vs. State, 1983, 12 CLC (AD)

....ard by this Bench on 12.4.83 and 13.4.83 inasmuch as this Bench had no jurisdiction to take up such matter. An attempt had been made to show that it was a part heard matter. Even in part heard matter prior written consent of the Chief Justice must be obtained which was not done in this case. The Ben......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....... Mere perusal of the judgment of the High Court Division shows that unfortuna­tely the learned Judges were swayed by emo­tion when they observed: "We have twice before drawn the attention of the Ministry of Law, Go­vernment of Bangladesh to the irrespon­sible, unprofessional and unethical con..

Category: Criminal Law | Date: | Hits: 116

A.F. Shahab Uddin Ahmed Vs. National Shooting Federation and others, 2010, 39 CLC (HCD)

....id schedule. As per Section 20A of the Act, The National Sports Council, (NSC) can dissolve Executive Committee of the organization specified in entries 1 to 22 of the schedule which were constituted prior to the date specified by the Government. The part 1 of the schedule contains the names of 23 s......h such a glory. The respondents are restrained from leasing the subject property to anybody under any circumstance. Sheikh Md. Zakir Hossain J. - I agree. Ed. This Case is also Reported in:......n Model Town, P.S. Gulshan, Dhaka, and others......... Respondents. Judgment December 12, 2010. Result: The Rule is made absolute. Cases Referred to- Shahabuddin (Md) Vs. Secretary, Ministry of youth and Sports and others, 45 DLR 360; R Vs. Titchmarsh, 1915, 22 DLR 272; R Vs. Lowle..

Category: Property Law | Date: | Hits: 159

Alhaj Advocate Ahmed Ullah Foundation Vs. Dhaka City Corporation, Represented by the Mayor, Nagor Bhaban, Dhaka and others, 2011, 40 CLC (HCD)

....nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......nt and the garden the petitioner has erected and set up, and to allow the petitioner to maintain the same, unhindered. Gobinda Chandra Tagore J. - I agree. Ed. This case is also Reported in: ......and Employment, exparte Begbic (2000 1 WLR 1115); R(Bloggs 61) Vs. Secretary of State for Home Department (2003 1 WLR 2724); (R(x) Vs. Head Teacher and Governor of T school (2008 1 ALL ER 249); R Vs. Ministry of Agriculture Fisheries and Food, ex-parte Homble Fisheries Ltd (1995 2 ALL ER 714); Rawla..

Category: Civil Law | Date: | Hits: 218

Oli Ahmed Vs. State, 2012, 41 CLC (HCD)

....ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......ed is set aside. The appellant is acquitted of the charge leveled against him. Send down the records of lower Court. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......rrence. However, the police arrested the appellant on 5.10.1996 and sent him to jail, wherefrom he filed the instant jail appeal. 6. Mrs. Zinat Akhter Nazley Begum, a panel lawyer appointed by the Ministry of Law and Parliamentary Affairs to provide legal aid to the appellants in jail appeals, su..

Category: Criminal Law | Date: | Hits: 95

Md. Tarique Aziz Vs. State, 2012, 41 CLC (AD)

.... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ...... against him and be set at liberty forthwith, if not wanted in any other case. Send down the lower Court's record. Mohammad Marzi-ul-Huq J. - I agree. Ed. This Case is also Reported in: ......t for ten years, as aforesaid. Challenging the said judgment an order of conviction and sentence, the appellant filed the instant jail appeal. 13. Mrs. Hasna Begum, a panel lawyer appointed by the Ministry of Law, Justice and Parliamentary Affairs to provide legal aid to the appellants in jail ap..

Category: Criminal Law | Date: | Hits: 119

Manzur Ahmed Vs. Rajdhani Unnayan Kartipakkha (RAJUK) & others, 2010, 39 CLC (HCD)

.... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ...... Court Division in First Appeal No.585 of 2001 within 30 days from receipt of the copy of this judg­ment. Communicate this order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 198. ......in-Reply) informed the said Lady its decision to divest the said property in her favour. Relevant portion of the said letter is quoted below: "Government of the People's Republic of Bangladesh Ministry of Public Works & Urban Development No. XVII/lP-Gul-61/76/Pt/282 Dated: Dacca th..

Category: Property Law | Date: | Hits: 127

Sheikh Hasina Wazed alias Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....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. ......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. ......ation with the object of granting work to their desired bidders and obtaining the said gains they created a scheme and made directions contrary to the rules of the Power, Energy and Mineral Resources Ministry and deprived NEPC from obtaining the said works albeit it became the lowest bidder in all t..

Category: Criminal Law | Date: | Hits: 156

Human Rights and Peace for Bangladesh (HRPB) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

....a decision, the Mazar Committee took a decision to construct a 3-storeid building for the accommodation of male and female musullies, demolishing the present Tin Shed structure and in that event and, prior to the issuance of Rule in the above Writ petition, some digging work had been occasioned, but......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: ......resent: AHM Shamsuddin Choudhury J Jahangir Hossain J Human Rights and Peace for Bangladesh (HRPB) and others ……………….petitioner Vs. Bangladesh represented by the Secretary, Ministry of Cultural Affairs, Bangladesh Secretariat, P.S. Shahbag, Dhaka, Bangladesh and others .....

Category: Property Law | Date: | Hits: 159