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Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)

....Emdadul Haque J Nurul Islam Shaikha and others……………………….Petitioners Vs. Shahadat Hossain & others…………………………Opposite Parties Judgment March 14, 2011. Result: The Rule is made absolute. Heba-bil-Ewaz In case of a Heba-bil-Ewaz, a tr......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......r finding on the material evidence on record and to finally dispose of the case...............(49) Case Referred to- Hussain Ahmed Chowdhury alias Ahmed Hossain Chowdhury Vs. Nurul Amin, 47 DLR (AD) 162; Satyendra Nath Rai Choudhury Vs. Fulsom Bibi, CWN Vol. 36, page-486; Sarifuddin Mohiuddin ...... Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ..

Category: Property Law | Date: | Hits: 139

Engineer Mahmudul Islam and others Vs. Government of the People's Republic of Bangladesh and others, 2002, 31 CLC (HCD)

.... Md. Arayes Uddin J Engineer Mahmudul Islam and others..............Petitioners Vs. Government of the People's Republic of Bangladesh and others...........Respondents Judgment November 26, 2002. Result: The Rule is made absolute without any order as to costs. It is to be pre......a copy of this judgment and order be sent to the Hon'ble Prime Minister for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ......Articles 27, 31 and 40 of our Constitution………………………………(36) Cases Referred to-  Ekushe Television Ltd and others Vs. Dr. Chowdhury Mahmood Hasan and others, 2002 BLD (AD) 163 = 54 DLR (AD) 130; Ms. Shehla Zia Vs. Wapda, PLD 1994 (SC) 693; Kazi Moklesur Rahman Vs. Ba......for perusal and necessary action as per our observations made above. Ed. This Case is also Reported in:55 DLR (2003) 171. ..

Category: Others | Date: | Hits: 113

BRAC vs. National Board of Revenue and another, 2008, 37 CLC (HCD)

....sion (Special Original Jurisdiction) Present: Mohammad Abdur Rashid J Md. Miftah Uddin Choudhury J BRAC, represented by its Head of Finance Mr. Shawkat Hossain, 75, Mohakhali, CADhaka-1212…………………Petitioner Vs. The National Board of Revenue, Segunbagicha, Dhaka repr......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ......gal and/or unauthorized and as such, of no legal effect. In the result, the Rule is discharged with cost. Communicate at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 245. ...... is also Reported in: 14 MLR (HCD) (2009) 245. ..

Category: Fiscal/Taxation Law | Date: | Hits: 171

Abdul Mannan Mathbar Vs. Nazmul Hoque Majumder and others, 2009, 38 CLC (HCD)

....………………………………Plaintiff-Appellant-Petitioner Vs. Nazmul Hoque Majumder and others…………………………Defendant-Respondent-Opposite Parties Judgment May 17, 2009. Result: The Rule is discharged. The Specific Relief Act, 1877 (Act No. I of 1877); s......rt at the time of issuance of the rule is hereby vacated. Lower Court's records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ...... the lower appellate Court is final unless it is manifestly perverse……………………..(14) Cases Referred to- Sushil Kumar Paik and another Vs. Harendra Nath Samadder and others, 8 MLR (AD) 41; Rafizuddin Ahmed Vs. Mongla Barman and others, 43 DLR (AD) 215; Khurshid Ali and others Vs.......'s records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 317. ..

Category: Civil Law | Date: | Hits: 94

Mrs. Rokeya Begum Vs. Chartered Credit Co­operative Ltd., 2009, 38 CLC (HCD)

....man Khan J Mrs. Rokeya Begum……………………………….Petitioner Vs. Chartered Credit Co­operative Ltd…………………………………Opposite Parties Judgment June 2, 2009. Result: The Rule is discharged. If any notice is issued through registered post w......itan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 29. The order of stay granted earlier shall stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 274. ....... It is enacted specially for the purpose of realization of money of dishonoured cheques…………………………(25) Cases Referred to- Nizamuddin Mahmood Vs. Abdul Hamid Bhuiyan, 60 DLR (AD) 195; Ali Akkas Vs. Enayet Hossain and others, 17 BLD (AD) 44. Lawyers Involved: M. Sayed...... This Case is also Reported in: 30 BLD (HCD) (2010) 274. ..

Category: Criminal Law | Date: | Hits: 70

Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

.... Kabir J Human Rights and Peace for Bangladesh and others…………………….Petitioners Vs. Government of Bangladesh and others……………………Respondents Judgment March 21, 2010. Result: All the applications are rejected. Cases Referred to- Human Rights an...... in the meantime, if so advised. The applications for addition of party filed by the different applicants be kept with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ...... Judgment March 21, 2010. Result: All the applications are rejected. Cases Referred to- Human Rights and Peace for Bangladesh and others Vs. Government of Bangladesh, (2009) 17 BLT (AD) 455; Rural Litigation and Entitlement Kendra Vs. UP and Others, AIR 1985 SC 652; M.C. Mehta VS.......with the record. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 257. ..

Category: Environmental Law | Date: | Hits: 731

Sobhan Munshi Vs. State and another, 2010, 39 CLC (HCD)

....ssain Ahmed J Md. Abdus Samad J Sobhan Munshi………………………….Petitioner Vs. The State and another……………………………Opposite parties Judgment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred...... with this case shall be deducted from the period of his sentence as per provisions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ......arties Judgment January 7, 2010. Result: The Rule is disposed of with the modification of the sentence. Case Referred to- Jahangir Alam (Mohammad) alias Jakir Vs. The State, 56 DLR (AD) 217. Lawyers Involved: S.M. Abdur Rouf, Advocate - For the petitioner. Md. Ensan uddi......sions of Section 35A of the Code of Criminal Procedure. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 37. ..

Category: Criminal Law | Date: | Hits: 81

State Vs. Delwar Hossain & others, 2011, 40 CLC (HCD)

....im J ANM Bashir Ullah J State………………………………Appellant Vs. Delwar Hossain & others……………………………….Condemned-Prisoners Judgment October 25, 2011. Result: The Criminal Appeal and Jail Appeal being No.2784 of 2011 and 207 of 2006 a......ru, Lalu and Shafique be called for. Let a copy of this Judgment and Order be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ......€¦â€¦â€¦â€¦.(51 & 57) Cases Referred to- Abdul Hakim alias Henju Vs. State, 8 BLC 362; State Vs. Rafiqullah Khan, 7 BLC 480; Nizamuddin Vs. State 11 BLC 688; Nowabul Alam Vs. State, 15 BLD (AD) 54= 45 DLR (AD) 140; Ustar Ali Vs. State, 3 BLC (AD) 53; Amir Hossain Howlader Vs. State, 37 DL......rder be com­municated to the Court below concerned at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 356. ..

Category: Criminal Law | Date: | Hits: 158

Tabibullah and others Vs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....public of Bangladesh, represented by the Secretary, Ministry of Works and Urban Development, Bangladesh-Secretariat, Dhaka and others……………………..Opposite Parties Judgment April 4, 2007. Result: The Petition is allowed. A leassee in possession under the leassor in a prop......ition as opposite parties is allowed. Petitioners are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ...................(14) Cases Referred to- Parimal Majumder alias Parimal Chandra Majumder Vs. Abdul Sobhan, 39 DLR HCD 352; Subash Chandra Haider and another Vs. Abdul Bari and others, (1992) 12 BLD (AD) 174; Waliullah Munshi Vs. Lodu Mia Patwary and others, (1986) 38 DLR AD 308; Bashir Ahmed and o......rs are added as Eighth Fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 393. ..

Category: Property Law | Date: | Hits: 82

Ruhul Amin Vs. State and another, 2007, 36 CLC (HCD)

.... Sharif Uddin Chaklader J Md. Emdadul Huq J Ruhul Amin………………………..Petitioner Vs. State and another……………………….Opposite Parties Judgment October 30, 2007. Result: The Rule is discharged. Cases Referred to- M. Liaqat Hossain Vs. Vinay Pro......akhsmipur in Criminal Miscellaneous Case No.41 of 2004. In the result, the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ......ferred to- M. Liaqat Hossain Vs. Vinay Prokash and another, AIR (33) (1946) P.156; In Re Gulabchand Rupaji, Indian Law Report vol. XLIX (Bombay Series), Page-799; Md. Muslim Khan Vs. State, 38 DLR (AD) (1986), 60; Jokhan Rai Vs. Baikunath Singh, AIR 1987-133. Lawyers Involved: Khair Ezaz M......the Rule is discharged. The stay order stands vacated. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 141. ..

Category: Property Law | Date: | Hits: 122

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)

....…………………Petitioners Vs. Secretary, Ministry of Land, Government of the People's Republic of Bangladesh and others …………………………..Respondents Judgment June 4, 2008. Result: The Rules are discharged. Once compensations have been paid there remains no...... 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. ......ring body cannot be claimed by the original owner even if the property is used for a purpose different from the purpose of the original acquisition. [Bangladesh Vs. Samondra Narayan Mahajan, 2006 BLD (AD) 145 = 11 BLC (AD) 226; Brahmanbaria Pourashava Vs. Bangladesh, 1999 BLD (AD) 87]……………......he 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

ATM Ali Reza Khan Vs. Bangladesh Election Commission and others, 1997, 26 CLC (HCD)

.... Mainur Reza Chowdhury J M M Ruhul Amin J ATM Ali Reza Khan……………Petitioner Vs. Bangladesh Election Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shah......The respondents are directed to register the petitioner as a voter and include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ......ion Commission and others……………Opposite Parties Judgment August 12, 1997. Result: The Rule is made absolute. Cases Referred to- Bangladesh vs. Mirza Shahab Ispahani, 40 DLR (AD) 116; Bond vs. The Overseers of the Parish of St. George, Hanover Square, Law Reports, Court of ......include his name in the Electoral Rolls in accordance with law. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 58. ..

Category: Constitutional Law | Date: | Hits: 386

Monowara Khatun and another Vs. Abdul Khaleque & others, 2011, 40 CLC (HCD)

....sional Jurisdiction) Present: Mir Hashmat Ali J Monowara Khatun and another……………Petitioners Vs. Abdul Khaleque & others……………Respondents Judgment November 23, 2011. Result: The Rules are made absolute. When the defen­dants have already taken po...... Court, Dhaka in Title Suit No.181 of 1994 are here­by set aside. The suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ......n is not maintainable. The plaintiff is to pray for recovery of possession………………………………(34) Cases Referred to- Abdul Quddus Matabbar Vs. Yousuf Ali Bayati, 17 BLT (2009) (AD) 45; Amiruddin Mondal Vs. Md. Ashraf Ali, 11 BLC 134; Abdus Samad Akand Vs. Abdul Halim Miji, 50......he suit is hereby dismissed. Send down the LC Record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 371. ..

Category: Procedural Law | Date: | Hits: 137

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

....owdhury J Md. Nazrul Islam Talukder J Sadiul Alam……………………………….Petitioner Vs. State…………………………………Opposite Party Judgment January 11, 2012. Result: The Rule is made absolute. The Code of Criminal Procedure, 1898 (Act No. V o......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. ......offence alleged but there is either no legal evidence adduced in support of the case or the evidence adduced clearly or manifestly fails to prove the charge. [Abdul Quader Chowdhury Vs. State, 28 DLR (AD) 38]……………………(10) The inherent power under section 561A of the Code of Crimina......udgment 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)

....t: AK Badrul Huq J Shahidul Islam J Touhid & Others……………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Ad......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. ......endra 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, AIR 1925 PC 1; Nurjahan Begum Vs. The State, 42 DLR AD 130......l 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

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

....Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule is discharged without any order as to costs. Whether the court can ......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......implementation of those recommendations.…….................…(16 & 17) Case Referred to- Professor Abdur Rahim Khan Vs. Bangladesh through the Secretary, Ministry of Industries, 7 BLT (AD) 313; Mirzaboo Steels Ltd. Vs. Bangladesh, 59 DLR 141. Lawyers Involved: Raisuddin Ahmed w...... from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ..

Category: Constitutional Law | Date: | Hits: 334

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....amtaz Uddin Ahmed J Md. Abdul Wahab Sarker and others……………………..Petitioners Vs. Md. Shahid Sarker and others…………………….Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty V......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......€¦â€¦â€¦â€¦.Opposite Parties Judgment August 7, 2009. Result: The rule is made absolute. Cases Referred to- Santosh Kumar Chakraborty Vs. M.A. Motaleb Hossain and another, 1985 BLD (AD) 59; Keshab Chandra Vs. Baliganj Estate Pvt. Limited, 76 CWN 281; Abdur Rashid and another Vs. A...... the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

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

....bedullah and others……………………………..Petitioners Vs. Controller of Examinations, Dhaka University and others…………………………….Respondents Judgment October 26, 1997. Result: The Rule is discharged. Where scope of alternative remedy by way of appea......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. ...... by way of appeal is available in law, without preferring appeal, the writ is not maintainable. Cases Referred to- Principal, Chittagong Medical College and others Vs. Shahrayar Murshed, 48 DLR (AD) 33; Registrar Vs. Zakir Ahmed, 16 DLR (SC) 722; Suresh Koshy George Vs. University of Kerala an......e 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

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

....l Hakim J Borhanuddin J Allama Delawar Hossain Sayedee…………………………..Petitioner Vs. Bangladesh, and others…………………………Respondents Judgment August 12, 2009. Result: The Rule is made absolute. The Constitution of Bangladesh, 1972, article ......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. ...... the same is enforceable by the Courts of the country……………………………(11) Cases Referred to- Abul A Ala Mouddi Vs. State Bank of Pakistan, 22 DLR (WP) 20 (1970) page 57; 2 BLC (AD) (1997) page 157; 44 DLR (1992) page 398; Rafique Ul Huq Vs. Bangladesh, 44 DLR (1992) page 398;......e is also Reported in: 18 BLT (HCD) (2010) 188. ..

Category: Constitutional Law | Date: | Hits: 147

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

....esent: SM Hossain J Farid Ahmed J Nasirullah and another ………………….Petitioner Vs. Government of Bangladesh and others ………………….Respondents Judgment June 12, 2008. Result: The Writ Petition No. 1448 of 2008 is disposed of and Writ Petition No. 3071 ......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. ......ideo recording of the land is not fatal to render the entire acquisition proceeding illegal and without jurisdiction…………..(33 & 35) Case Referred to- MA Salam Vs. Bangladesh, 6 MLR (AD) 184; Noel Gregory Mendes Vs. Deputy Commissioner, Chiitagong, 6 MLR (AD) 112; Abdur Rouf Chowdh......071 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