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Saidur Rahman Vs. State, 1992, 21 CLC (HCD)
....nd needs to be condoned. But while leaving, the Martial Law does not leave a trail and it is good as long as it lasts, but with its departure it no longer casts a shadow upon the ordinary laws of the land. Here in this case the proceedings was earlier pending before the Summary Martial Law Court and......ate.....................................Respondent Judgment July 15, 1992. Result: The appeal is hereby allowed. Lawyers Involved: Mansur Habib, Advocate-For the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. Judgment Mahmudul Am......e and sentenced him to suffer rigorous imprisonment for 3 (three) years and also to pay a fine of Taka 1,35,000.00 in default to suffer RI for 9 months more. 2. The prosecution case, in short, is that one Abdur Rahman, former store‑keeper of BADC remained in charge of three fertilizer godowns o..........Appellant Vs. State.....................................Respondent Judgment July 15, 1992. Result: The appeal is hereby allowed. Lawyers Involved: Mansur Habib, Advocate-For the Appellant. A Q Rashid Ahmed, Advocate-For the State. Criminal Appeal No. 4007 of 1991. ..Category: Criminal Law | Date: | Hits: 98
Gias Uddin Vs. Dhaka Municipal Corporation and others, 1996, 25 CLC (HCD)
.... may be interpreted in the facts and circumstance of a case, to mean right to accommodation without which human life cannot be protected. But that does not mean do one who is a mere trespasser in the land or property of another person is entitled to continue in such unauthorized occupation as his ev...... This case is also Reported in: 49 DLR (HD) (1997) 199. ...... direction shall not be given to respondent Nos.1 to 7 and 9 not to evict the petitioner. 2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that the petitioner is an employee of the respondent No.1, Dhaka Municipal Corporation and he was all...... High Court Division (Special Original Jurisdiction) Present: Kazi Ebadul Hoque J Amirul Kabir Chowdhury J Gias Uddin............................Petitioner Vs. Dhaka Municipal Corporation and others...............Respondents Judgment November 21, 1996. Result: Th..Category: Constitutional Law | Date: | Hits: 369
Seraj Miah Vs. State, 1997, 26 CLC (HCD)
....fear of punishment, by hope or reward, and by desire of notoriety” The Court quoted this passage from “the outlines of Criminal Law”, page 386, by Dr. Kenny, Downing Professor of the Laws of England, Cambridge University. It was observed in the judgment that while considering the evidence of c......................................Appellant Vs. State………………………………………..…….Respondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143;......encing him thereunder to suffer imprisonment for life and to pay a fine of Taka 2000.00, in default, to suffer rigorous imprisonment for 6 (six) months more. 2. The prosecution case, in short, is that appellant Seraj Miah, younger brother of informant Md. Shishu Mia (P.W.1), was wicked in nature ......………..…….Respondent Judgment February 5, 1997. Result: The appeal is dismissed. Cases Referred to- Rameshwar Vs. State of Rajasthan, 1952 SCA 40; Abbas Ali Shah Vs. Emperor, 143; Abdul Gani and others Vs. State, 11 DLR (Dhaka) 338; State Vs. Badiuzzaman and another, 25 ..Category: Procedural Law | Date: | Hits: 94
State Vs. Moksed Ali and others, 2011, 40 CLC (HCD)
....dditional Sessions Judge, Manikganj immediately. Send down the Lower Court Records at once. Communicate this order forthwith. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 346. ......ebruary 1, 2011. Result: In the result, Death Reference No.139 of 2005 is accepted in part. The Criminal Appeal No. 4422 of 2005 and Jail Appeal Nos. 1058 and 1059 of 2005 are dismissed. Cases Referred to- Khalil Mia Vs. State, 4 BLC (AD) 223; Islamuddin Vs. State, 13 BLC (AD) 81; Abe......ound guilty of attempt to murder under section 307 read with section 34 and sentenced to imprisonment for life. The other two accused persons, Adalat Khan and Mobarak were acquitted. It is noted that of the three said Condemned Prisoners. Tutul and Ripon were both absconding at the time that the......te, 46 DLR 212; Lutfun Nahar Vs. State, 27 DLR (AD) 29; Amir Hossain Howlader Vs. State, 4 BLD (AD) 193; State Vs. Lalu Miah, 39 DLR (AD) 117. Lawyers Involved: Salahuddin Talukder, Advocate - For the Condemned Prisoner. Dil Afroza Begum, Advocate - For he Condemned Prisoner/State Defence L..Category: Criminal Law | Date: | Hits: 131
Abdul Jalil Shah and another Vs. Rahima Khatun and others, 1998, 27 CLC (HCD)
....10-2/7 pies share in the property measuring an area of 0.58 acre appertaining to CS Khatian No.250 of Mouza Nishindara under PS and District Bogra claiming themselves to be the co-sharers of the said land contending, inter alia; that the said land originally belonged to the predecessor of the plaint......ned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 441. ......urt High Court Division (Civil) Present: Mahfuzur Rahman J Md. Iftekhar Rasool J Abdul Jalil Shah and another………………Petitioners Vs. Rahima Khatun and others………….Opposite Parties Judgment November 12, 1998. Result: ......er………………Petitioners Vs. Rahima Khatun and others………….Opposite Parties Judgment November 12, 1998. Result: The Rule is made absolute without any order as to costs. Cases Referred to- Nirode Chandra Banerjee Vs. Profulla Chandra Baner..Category: Civil Law | Date: | Hits: 154
....‑F) was also impugned. This was, however, later on modified by a Rule issued on 3.6.91.
2. The petitioner's case as stated in the petition is that the petitioner is the owner and possessor of land through inheritance along with other co‑sharers which appertains to plot Nos. 3066 and 3069 o......is also Reported in: 44 DLR (HCD) (1992) 340.......le Nisi was issued on 13.11.88 calling upon the respondents to show cause why the impugned Letter issued under office Memo No. 703/1(1) dated 2.6.86 (Annexure‑E) by the Deputy Commissioner, Lalmonirhat asking the Assistant Secretary, Ministry of Home Affairs (Security‑II) requesting him to send ......
October 30, 1991.
Result:
The Rule is made absolute.
Case Referred to-
Mukhtar Ahmed Vs. Government of Bangladesh & others, 34 DLR 29.
Lawyers Involved:
Lutfor Rahman Majumder, Advocate ‑ For the Petitioner.
AF Hasan Ariff, Deputy Attorney General ..
Category: Immigration and Citizenship Law | Date: | Hits: 178
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....138 of 1990 affirming those dated 31.5.1990 passed by the Subordinate Judge, First Court, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter alia, that the plaintiff, th......azal Ahmed being dead his heirs: Mr. Nagar Mohiuddin and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of ......rt Fisher, 22 ILR (PC) 270; Wahidul Haque Vs. Bangladesh, 54 DLR (2000) 165, 167. Lawyers Involved: Mahmudul Islam, Senior Advocate, (Probir Neogi, Advocate with him), instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Appellant (In both the appeals) M.I. Farooqui, Senior Advocate,......din and others………………………..Respondents (In both the appeals) Judgment May 25, 2004. Result: The appeals are dismissed. Cases Referred to- Bangladesh Vs. Dhaka Steel Works Limited, 45 DLR (AD) 69; People's Republic of Bangladesh and others Vs. A.T.J. Industries, 28 D..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
.....3, gave his opinion to the effect that BSRS should deliver the machinery to the buyer as soon as possible. He further opined that Article 34 proceeding regarding the sale and transfer of the project land and building, etc should be kept in abeyance for some time and in the meantime, steps should be......…….Petitioner Vs. Bangladesh Shilpa Rin Sangstha and others......................Respondents Judgment July 21, 2002. Result: The Rule is discharged. Cases Referred to- Rooks Vs. Barnard (1964) AC 1129; Saif Ali Vs. Mitchell and Co. (1980) AC 198......rit Petition No.3285 of 1996 or such other or further order or orders passed as to this Court may seem and proper.” 2. The short facts relevant for the purpose of disposal of the Rule are that, the petitioner company took loan from Bangladesh Shilpa Rin Sangstha (hereinafter called "...... Rooks Vs. Barnard (1964) AC 1129; Saif Ali Vs. Mitchell and Co. (1980) AC 198; See (1939) IKB 194, (1953 CH 280 and (1958) 1 WLR 563. Lawyers Involved: Ozair Farooque, Advocate—For the Petitioner. AKM Nazrul Islam with Abdullah-Al-Mamun, Advocates—For the Respondents..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
State Vs. Nazma Sarker @ Beauty and others, 2011, 40 CLC (HCD)
.... 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: ......, Jail Appeal No. 320 of 2008, Criminal Appeal No.1247 of 2008 and Criminal Appeal No. 1284 of 2008 are dismissed. Jail Appeal No. 406 of 2008 and Criminal Appeal No. 2515 of 2008 are allowed. Cases referred to- The State Vs. Md. Abdur Rashid, 1987 BLD (AD) 73; R.V. Mannu 1909 All 390 F.B.;......), Son of Moulana Md. Neyamot Ali Sarker of village- Doboria, P.S. Kaliganj , District- Gazipur lodged an F.I.R. with the Tongi Police Station, District- Gazipur on 25.8.2003 at 13-15 hours alleging that, on the same day in the morning one Habibur Rahman, a neighbour of the deceased Hanif Sarker inf......C) 278; State Vs. Nurul Islam, 31 BLD (HCD) (2011) 285. Lawyers Involved: Muhammad Jamiruddin Sircar with Md. Munsurul Haque Chowdhury, Idris Khan, Md. Saifuddin Mahmud and Md. Zahirul Islam - for the condemned-prisoners (In Death Reference No. 20 of 2008). Nahid Sultana, State Defence Lawy..Category: Criminal Law | Date: | Hits: 98
Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)
....r. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS Dag No.565 of Mouza Tejkunipara in the city of Dhaka has 84.09 acres of land and commonly referred to as Motijheel. The erstwhile Government of East Pakistan acquired part ...... This Case is also Reported in: 44 DLR (HCD) (1992) 308....... since the valuation of the suit and the application came to our notice after conclusion of the hearing we have decided to give judgment in this case. The learned Advocates of both sides also agreed that a Single Bench matter can be heard and disposed of by a Division Bench. 2. This Rule, call......ILR 3 Mad (PC) page 384; AIR 1945 Cal. 492; AIR 1946 PC 103; 1984 BLD (AD) 285; PLD 1966 SC 684; AIR 1939 All. 633; AIR 1954 Mad. 848; AIR 1939. Lawyers Involved: Moinul Huq, Advocate ‑For the Petitioner. Kaiseruddin Ahmed, Deputy Attorney General ‑ For the Opposite Parties. ..Category: Procedural Law | Date: | Hits: 113
Selim Ullah Bahadur Vs. Election Commission and others, 1990, 19 CLC (HCD)
.... In the result, the Rule is discharged and the order of stay granted on 3.5.90 is vacated. There will be no order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 304. ......adur .........Petitioner Vs. The Election Commission and others .....................Respondents Judgment May 24, 1990. Result: The the Rule is discharged. Cases Referred to- AC Joshep Vs. Seevan Pillai, AIR 1984 (SC) 925; Mohindar Singh Gill and anot......ner and respondent Nos.2‑7 were the contesting candidates. On 18.3.90 polling was adjourned in 4(four) centres and subsequently repolling was held there on 12th April, 1990. The petitioner alleged that in Tetoya Government Primary School centre, due to serious disturbance, polling could not be hel......AFM Shah Alam Vs. Mujibul Huq and others, 41 DLR (AD) 68=1989 BLD (AD) 78; Abdul Hamid Khan Vs. Miah Nurul,Islam and others, 42 DLR (AD) 49. Lawyers Involved: Abdur Razzak, Advocate ‑ For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney‑General ‑For the Respondent. ..Category: Election Law | Date: | Hits: 177
Mostafizur Rahman Vs. Bangladesh and others, 1991, 20 CLC (HCD)
.... will be enough and for that the detention cannot be a substitute for that. It has been the further case that the interview given to the BBC as mentioned in ground No.1 did not violate any law of the land which would be evident from the plain reading as on the ground, nor had it anything to do with ......he People's Republic of Bangladesh, Secretariat Building, Dhaka and others ……….Respondents. Judgment March 20, 1991. December 9, 1991. Result: The Rule is discharged. Cases Referred to- Mohd. Subrati Vs. State of WB, 1973 SC 207 (211); Jon Martin Vs. State, AIR ......ng upon the respondents to show cause why the detenu Hussain Mohammad Ershad, now detained in House No.10, Road No. 84, Gulshan Model Town, Gulshan, Dhaka, should not be brought before this Court so that it may satisfy itself that the detenu is not being held in custody without any lawful authority ......211); Jon Martin Vs. State, AIR 1975 (SC) 775KN. Joglekan Vs. Commissioner of Police, 1957 AIR (SC) 28. Lawyers Involved: Kazi Shahadat Hossain with Mofizur Rahman Mazumder, Advocates ‑For the Petitioner. Moudud Ahmed with Kazi Shahadat Hossain, Monsur Ali and the Petitioner. ..Category: Criminal Law | Date: | Hits: 113
Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)
....al plaintiff Sekander Ali died and the opposite parties were substituted as his heirs and legal representatives in his place. 3. The plaintiffs case, in short, is that he was owner of the disputed land described in Schedule 'Ka' to the plaint and in 1391 B.S. he expressed his willingness to tra.................................Petitioner Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109......gh Court Division (Barisal Bench) (Civil Revisional Jurisdiction) Present: Mohammad Ismailuddin Sarker J Abdul Gafur Sikder............................Petitioner Vs. Mst. Shafia Khatun & others...........................Opposite Parties Judgment April 13, 1989. Resu......, 1989. Result: The Rule is made absolute. Cases Referred to- Nittala Achayya and others Vs. Nittala Yellamma and others, AIR 1923 (Mad) 109; Chellamma Rao Bahadur and another Vs. Doctor Bhogaraju Pattabji See-tharamayya and another, AIR 1933 (Mad) 436; S. Muhammad Eusoof Maricar Vs...Category: Property Law | Date: | Hits: 136
Syed Alim Mansur Vs. Registrar, Joint Stock Companies, 1989, 18 CLC (HCD)
....ittagong. The objects for establishment of the company were, among others, to culture, develop and process all kinds of fish marine products and sea foods of any nature or type whatsoever whether inland, off-shore or in the high seas within the economic zone of Bangladesh and within such permiss......pposed although notices were duly served upon the Registrar Joint Stock Companies and the Company and advertisement of the admission of the application and the date of hearing of the application was duly published in the Bangladesh Gazette and the daily newspaper. 3. The petitioner, Aqua Cu......ad Commercial Area, Chittagong. The objects for establishment of the company were, among others, to culture, develop and process all kinds of fish marine products and sea foods of any nature or type whatsoever whether inland, off-shore or in the high seas within the economic zone of Bangladesh a......also Reported in: 42 DLR (HCD) (1993) 43. ..Category: Company Law | Date: | Hits: 191
Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)
....tle suit No.41 of 1976 in the Second Court of Subordinate Judge, Bakerganj impleading opposite party Nos.13-16 as defendants praying for a declaration of their rayati rights and title in the disputed land. It is asserted by the plaintiffs that they are recorded owner in possession of the property ...... and Others...........................Petitioners Vs. Government of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The Rule is disposed of. Case Referred to- Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others, 1943 AIR Cal 427......category of plaintiffs to the category of pro-forma defendants and allowing the prayer of plaintiff Nos.1-3 and 8-10 to withdraw themselves from the suit. 2. The petitioner’s case in short is that plaintiff Nos.1-12 instituted Title suit No.41 of 1976 in the Second Court of Subordinate Judg......ernment of Bangladesh & Others............Opposite Parties Judgment March 23, 1988. Result: The Rule is disposed of. Case Referred to- Baidyanath Nandi and others Vs. Shumma Sundor Nandi and others, 1943 AIR Cal 427. Lawyers Involved: P.C. Guha, Advocate-For the Petitione..Category: Procedural Law | Date: | Hits: 82
State Vs. Md. Sirajul Islam and others, 2012, 41 CLC (HCD)
....rs misunderstanding crept up amongst them which turned into a strained relation between the families of Aktar Hossain and Siraj. Even while Aktar Hossain was constructing his building on his paternal land, adjacent to Siraj’s building, Siraj and his sons broke down the pillars of Aktar Hossain’s......ain Ahmed J Md. Emdadul Haque Azad J The State .........................… Petitioner. Vs. Md. Sirajul Islam and others ……..….. .......................... Condemned prisoners. Masum .................... convict-appellant. Vs. The State ……......………. Respondent. ......Hossain in the name of starting a business of Mobile Phone dealership but afterwards Sohel wanted to do the business of shoe to which Aktar Hossain did not agree and ultimately Shohel did not return that money to Akhtar Hossain. Aktar Hossain claimed his share of rent of their paternal Hotel at Anan......nt April 9 and 18, 2012. Result: Death Reference No. 87 of 2006 is accepted and all the Criminal Appeals and Jail Appeals are dismissed. Lawyers Involved: Md. Jahangir Alam, Deputy Attorney-General with Md. Ensanuddin Sheikh, Md. Nurul Islam Matubber and Mahabub-ul-Alam, Assistant At..Category: Criminal Law | Date: | Hits: 105
Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)
....se, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being Title Suit No.73 of 2002 in the Court of Assistant Judge, Raipur, Lakshmipur for declaration of title over the suit land under “Ga” schedule to the plaint of the suit and the order for changing the classification......nce. Ed. This Case is also Reported in: ......ree dated 29.6.2006 passed by the learned Assistant Judge, Raipur, Lakshmipur in Title Suit No.73 of 2002 dismissing the suit should not be set-aside. 2. Material facts of the case, briefly, are that opposite party Nos.1-17 as plaintiffs instituted a suit being Title Suit No.73 of 2002 in the Co......urt’s record be sent down at once. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 113
Zeenat Mosharraf Vs. Md. Sirajul Huq, District Anti-Corruption Officer & others, 2001, 30 CLC (HCD)
....t No.5 as contained in Annexure A‑1 are hereby declared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ...... can accord permission on the application of a police officer or officer of Bureau of Anti-Corruption for the purpose of investigation of offence under sections 403/406/408/409 etc. of the Penal Code as provided in proviso (a) to section 165 CrPC. Since in the impugned Memos no case number was menti......d bank accounts of the petitioner and her husband with respondent Nos.6 and 7. The petitioner on 11‑2‑92 received a Memo No.101/DAB (Dhaka) dated 10-2-92 from the respondent No.1 informing her that for the purpose of investigating the reference DAB (Dhaka) FR No.25/91, as quoted inside Memo it......eclared to have been made without any lawful authority and are of no legal effect. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 457. ..Category: Criminal Law | Date: | Hits: 305
Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)
.... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......i Ma Iftekhar Anam……………………Petitioner Vs. State & another……………………Opposite Parties Judgment February 28, 2010. Result: The Rule is discharged. Cases Referred to- Shamsul Alam Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Man......rocedure took cognizance of the same against the accused petitioner under section 138 of the Negotiable Instruments Act, 2006 vide its order dated 3-6-2007. 3. The prosecution case, in short is that the complainant and the accused petitioner are businessmen by profession and due to business p......m Vs. State, 60 DLR 677; Faridul Alam Vs. State, 13 BLC (AD) 61; Manzur Alam Vs. State, 55 DLR (AD) 62; Ali Akkas Vs. Enayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16. Lawyers Involved: No one - For the Petitioner. Sakila Rowshan, Deputy Attorney-General - For the State. Criminal Miscella..Category: Criminal Law | Date: | Hits: 94
Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)
....son Raja, the biggest Zaminder of Sylhet at the time, was a mystic poet and a saint. But the film belittled him by depicting him (the great grandfather of the petitioner) as a Womaniser, Don Juan, Philanderer and Casanova, which he was not. Hence, if such a distorted and untrue version of the saint ......rged. Lawyers Involved: Shorful Islam Khan, Advocate—For the Petitioner. Sigma Huda, Advocate—For Respondent No.3. Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why...... and having heard the submissions of Mr. Shorful Islam Khan, learned Counsel for the petitioner who urged upon the court to dispose of the Rule instead of making the same absolute, we are of opinion that even if the Rule is made absolute, it will serve no fruitful purpose for the petitioner because ......(Special Original Jurisdiction) Present: MA Aziz J Nozrul Islam Chowdhury J Sadia Chowdhury Parag…………………………………………...Petitioner Vs. Chairman, Film Censor Board & others.................Respondents Judgment January 27, 2003. Result: The..Category: Civil Law | Date: | Hits: 210
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