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Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....or further order or orders passed as to this Court may seem fit and proper." 2. At the very outset, Mr. Rafique-ul-Huq, learned Advocate for the petitioner, submits that he will not press the Rule so far as it relates to the constitutionality of the Money Laundering Prevention Act, 2009. 3. Th......¦¶à§‹à¦§à¦¨à§€à§Ÿà¦¸à¦¹ উহা পà§à¦¨à¦ƒ পà§à¦°à¦¨à§Ÿà¦¨à§‡à¦° উদà§à¦¦à§‡à¦¶à§à¦¯à§‡ পà§à¦°à¦£à§€à¦¤ অধà§à¦¯à¦¾à¦¦à§‡à¦¶à¥¤â€ Legislation by reference to an earlier statute is called legislation by incorporation. The provision of an earlier statute sought be included in the l......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..Category: Criminal Law | Date: | Hits: 112
Abdul Kashem Vs. University of Chittagong, 2008, 37 CLC (HCD)
....………………Petitioner Vs. University of Chittagong represented by the Vice-Chancellor and others………….Respondents Judgment October 15, 2008. Result: The Rule is made absolute. Cases Referred to- Advocate AM Zia Habib Ahsan Vs. Chittagong University, 12 BLC 679; ......he matter found that: (i) The name found is the Gazette and in the Tabulation sheet is found to be Mohd. Abul Quashem. However, the name found, in the application made by the petitioner and the so-called original certificate supplied by him is Md. Abul Kashem it is not conceivable that the Univer......946, examination held in the year 1983 as early as possible preferably within 2(two) months from the date of receipt of the Judgment. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 518. ..Category: Others | Date: | Hits: 186
Md. Rafiqul Islam alias Rafique Vs. State, 2011, 40 CLC (HCD)
....5 passed by the Additional Sessions Judge, Narayangong in Session Case No.40 of 1994 convicting the appellant under section 302 of the Penal Code and sentencing him thereunder to suffer rigorous imprisonment for life with a fine of Taka 5000/- in default to suffer rigorous imprisonment for another s......nt there and saw that the victim Shona Mia was being taken out side of the house. He asked his father about the incident, when his father disclosed that the appellant had kicked him on his chest. She called a local Member, in who’s presence, the victim Shona Mia disclosed the fact again. In cross-......ion Case No.40 of 1994 is hereby set aside. The appellant is released from his bail bond. Send down the lower Court records. Naima Haider, J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 101
SM Sabbir Hasan Vs. State, 2011, 40 CLC (HCD)
....ion Commission can lay the trap and conduct the trap operation and, as such, in the present case the very initiation of the case is illegal, as the first information report was lodged by a private person who himself is an interÂested person. He further submits that except followÂing the mandatory ......,000 (fifty lakh) as illegal gratification from him for favouring him in a case of Money Laundering. Subsequently the matter was settled with him at Taka 30 lakhs. On 23-1-2011 the accused-petitioner called him to his office and he informed the matter to RAB-7, Chittagong and on their advise he went......ermitted to take back the certified copies of the annexures on substituting with photo copies of the same, except the impugned order. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 368. ..Category: Criminal Law | Date: | Hits: 111
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....4 (decree signed on 23-2-2004, Annexure-D and E to the writ petition respecÂtively) passed by the learned Judge of the Artha Rin Adalat No.4, Dhaka in Artha Rin Suit No.371 of 2003. The petitioner also challenged the initiation of the proceeding of Artha Jari Case No.214 of 2007 without drawing up ....... Arshad Ullah, Advocate - For the Petitioner. Md. Imam Hasan, Advocate - For the Respondent No.2. Writ Petition No.2617 of 2010. Judgment Zinat Ara J.- In this rule nisi, the petitioner called in question the legality of the judgment and decree dated 17-2-2004 (decree signed on 23-2-20......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ..Category: Civil Law | Date: | Hits: 269
....reÂsented by the Secretary, MiniÂstry of Home Affairs, Dhaka & others………………….Respondents
Judgment
March 13, 1989.
Result:
The Rule in all the Writ petitions are made absolute.
Lawyers Involved:
Abu Sayeed Ahmed, Advocate - For the PetiÂtioners (In all the Writ ......titioners have not been awarded any punishment under Article 11 of P.O.No.148 of 1972. Discharge from service is not a punishment mentioned in Article 11 of P.O.No.148 of 1972.
14. By an amendment called the Bangladesh Rifles (Special provisions) Ordinance, 1976 (OrdiÂnance No. LXXXV of 1976) it......al report to the Headquarter of the 15 Bangladesh Rifles staling that the Riflemen of the said outpost used to assist the smugglers in smuggling in and out of the country and thereby caused financial loss to the country and as such he recommended for discharge of all the RiÂflemen of the said outpo..
Category: Others | Date: | Hits: 167
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
....amat Ali Master.........................Petitioner Vs. Lehajuddin Talukder & others .......................Opposite Parties Judgment November 2, 1988. Result: The Rule is made absolute. Lawyers Involved: P.C. Guha, Advocate - For the Petitioner. Matiar Rahman Khan, Adv...... that the defendant No.2 Menhazuddin Talukder was the owner in possession of the disputed lands. He mortgaged 40 acre of land out of the same for 7 years in favour of the plaintiff by what is locally called “অগà§à¦°à§€à¦® খাজনা পাটà§à¦Ÿà¦¾â€ dated 9.3.79 for a consideration ......d cancelled. A copy of the deÂcree be sent to the Sub-Registrar concerned for necesÂsary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447...Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....he 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 qualified Doctors, lived there and had also their chamber therein where they used to examine paÂtients without any objection from the landla......also read the other decisions quoted in that case. He misunderÂstood the whole thing, which is very unfortunate. 34. Lastly if has been contended by the learned Advocate that the tenant cannot be called a defaulter because she has yet a deposit of Tk. 20,000/- with the landlord. 35. This is a......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
Jalaluddin Vs. Bangladesh, 1989, 18 CLC (HCD)
....use as to why the Notification dated 20.10.88 issued in the Bangladesh Gazette by the respondent No.1 (Annexure E) and the Notification dated 12.12.88 issued by the ElecÂtion Commission (Annexure H) so far as those relate to Sylhet Pourashava shall not be declared to have been made without lawful a......ollows:— "(28) "Municipality" means an urban area, declared to be a municipality under this Ordinance: (33) "Pourashava" means a Pourashava conÂstituted under this Ordinance by whatever name called; (45) "Urban area" means an area within the jurisdiction of a Pourashava or Cantonment Boa......result, the Rule is discharged but without any order as to costs, and the order of stay passed by this Court earlier is hereby vacated. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 132...Category: Property Law | Date: | Hits: 108
....job. A difference having arisen as to the amount of loss or damage sustained by the appellant, both the appellant and the insuÂrance companies referred the dispute to a mutually agreed and appointed sole Arbitrator who made an award on the 19th December, 1969. Adamjee Insurance Co. Ltd. and Eastern......lt all the three appeals are disÂmissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......ant preferred claims with its insurers the then Eastern Federal Union InÂsurance Co. Ltd., Adamjee Insurance Co. Ltd. and Pakistan General Insurance Co. Ltd. alleging that the appellant had suffered loss due to the alleged acciÂdent, causing considerable damage to the godown and the stocks of loos..
Category: Business or Commercial Law | Date: | Hits: 290
Soleman & Others Vs. State, 1989, 18 CLC (HCD)
....assed by the learned Sessions Judge, Habiganj in Sessions Case No.18 of 1984, convicting all the accused appellants under sections 302/109 of the Penal Code and sentencing each of them to suffer imprisonment for life. 2. Prosecution case in short, is that on ThursÂday, the 7th June, 1989 at abou......n be framed under section 364 of the Penal Code and the charge must be one under sections 302/109 or for murder pure and simple. In the present case the allegations are that the accused-appellants called the victim out of his house and thereafter his dead body was found floating in the river Khoa......umber of reference books available to this Court for this case. We acknowledge such praiseworthy endeavour and assistance with thanks. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 118. ..Category: Criminal Law | Date: | Hits: 141
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
.... a direction to remove the obstruction raised by them in the said pathway. 3. The case of the plaintiff-opposite party in brief is that the homestead of the plaintiff is situated to the contiguous south of the 1st schedule land and they are using the second schedule land as pathway since the time...... (1) Negative prescriptions which relate to reality or corporal hereditaments whereby uninterrupted possession for a specified time gives the occupier a valid title; (2) Positive prescripÂtion also called acquisitive prescription which relates to incorporeal hereditaments and by which a title is a......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115...Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....l Hoque Miah............................Petitioner Vs. The People's Republic of Bangladesh............Respondents Judgment June 26, 1989. Result: The Rule is, accordingly, made absolute. Cases Referred to- 1981 BLD (AD) 196; Hye Bhuiya Vs. SecreÂtary, Ministry of Local Go......ti-Corruption Officer, Rangpur in the Court of Upazila Magistrate, are sufficient grounds for placing the petitioner under suspension and in that view of the matter the order of suspension can not be called in question as being violative of the statute. 10. Section 13 of the Local Government (Tha......ted 17.10.87 is illegal and has been made without any lawful authority and is of no legal effect. There will be no order as to cost. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 110...Category: Others | Date: | Hits: 175
Jalaluddin Vs. Mrs. Bilkis Rahman & State, 1989, 18 CLC (HCD)
.... 1984 should not be set aside and the said case should not be sent back for retrial or to pass such other or further order or orders as to this Court may seem fit and proper. From the said order it also apÂpears that Mr. Syed G.R. Modasir Hossain, the learned Deputy Attorney-General submitted that ......ge about 2 years back. The learned Sessions Judge was of the view that as the petitioner was tried in absentia in the sessions Court, probably the warrant of arrest which was issued earlier was not recalled and as such the petitioner might have been arrested after prouncement of the acquittal order.......rthÂwith from illegal custody if not wanted in any other case. The suo motu Rule being Criminal Revision No.32 of 1988 is discharged. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 107. ..Category: Criminal Law | Date: | Hits: 101
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
....sed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Ltd., the defenÂdant No.1 (petitioner in the present application) and......atter. Therefore, we do not find any ground for interference. In the result, the Rule is disÂcharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......that suit is not dependent upon the date of incorporation of the Bank. It is also not dependent upon whether he is an actual shareholder or Director of the Bank. He is filing the suit on the basis of loss of a contingent interest. Whether he has been able to make out such a case will be seen at the ..Category: Business or Commercial Law | Date: | Hits: 282
State Vs. Lokman Miah, 1995, 24 CLC (HCD)
....or the State. Basratul Mowla with Md. Khurshid Alam, Advocates - For the Condemned-petitioner. Death Reference No.12 of 1992. Judgment Quzi Shafiuddin J.- Lokman Miah, the condemned‑prisoner (absconding) stood trial before the learned Additional Sessions Judge, Narayanganj under secti......yun Kabir at about 11-30 to 11-45 PM. At one stage accused Lokman Miah hit Humayun fell on ground. There after he was done to death by beating. Thereafter accused Lokman Miah went out of the Bank and called Jahangir from the nearby open shop and asked him to see if there was still any dacoit or not.......the accused Lokman Miah by the Additional Sessions Judge, Narayanganj in Sessions Case No.50 of 1988 on 15.6.92 is hereby set aside. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 149. ..Category: Criminal Law | Date: | Hits: 73
Syed Nazakat Hossain alias Ujjal Vs. State, 1995, 24 CLC (HCD)
....cquitted were charged under sections 302/109, BPC for murdering one Mahbubul Islam And was placed on trial before the 6th Court of Additional Sessions Judge, Dhaka, and on trial was sentenced to imprisonment for life and to pay fine. 2. At 2‑30 AM following 27.3.91 when said deceased along with......acquitted thereof. Convict appellant Syed Nazakat Hossain alias Ujjal must be set at liberty at once if not wanted in and other case. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 139. ......ant. 8. P.W.8 and P.W.9 are the Magistrate who proved the statements of certain persons including P.W.2 and P.W.7 recorded by them under section 164 of the Code of Criminal procedure. We are at a loss how prosecution could use such a statement against the appellant without examining the maker of..Category: Criminal Law | Date: | Hits: 88
Baseruddin Pramanik (Md.) Vs. Golapjan Bewa and others, 1995, 24 CLC (HCD)
....d. 0.0 ½ acre land which each of them had purchased as aforesaid with their respective land while registering the deed of exchange purportedly on the same daft. Both of the them again reconvened the sod 0.01 acres land to said Habibur Rahman by deed 2528 on the same date. From those facts and circu......d 25.4.88 passed by the Assistant Judge, Serajganj in Miscellaneous Case 62 of 1985 disallowing the pre‑emption under section 96 of the State Acquisition and Tenancy Act (which shall hereinafter be called the Act). 2. Opposite party 2 Alauddin, opposite party 3 Moslemuddin and Abdul Latif (now ......result, the Rule is discharged. The pre-emption is allowed. Costs all through against the petitioner. Sent down the records at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 137...Category: Property Law | Date: | Hits: 89
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
..... Lawyers Involved: Amir‑ul‑Islam with Zakir Ahmed, Md. Nurul Huda and Shirin A Choudhury‑For the Petitioner (In Writ Petition No. 2195 of 1991). Moudud Ahmed-Petitioner in person (In Writ Petition Nos. 2213 and 2238 of 1991). Aminul Huq, Attorney‑General with AF Hasa...... Parliament thereby adding a liability not contemplated under Article 70 of the Constitution. It is the further submission that there is no immediate standard of secrecy of the Hon'ble members and so called open voting making them vulnerable to all kinds of threat which is a denial to free exercise ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
.... Banu Bibi and others...............................Petitioners Vs. Nourjan Banu.................................Opposite Party Judgment December 9, 1986. Result: The Rule is made absolute. Cases Referred to- Asia Khatun Vs. Kutu Bewa, 6 DLR page 156; Daibakilal Basak Vs. Iqb......ement and neither party can suffer by being held to an actual" agreement. 9. In the unreported case of Asia Khatun Vs. Kutu Bewa his Lordship of the Single Bench, High Court Division, at Dhaka was called upon to considÂer the distinction between provisions of sections 31 and 39 of the Specific R......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
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