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Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
.... case. On that very night at about 01:15 AM he went to Tayeb Ali's shop and arrested appellant Nowsher Ali who was then in custody of Hasen Ali Dafadar of Fakirhat union (P.W.13). He (Hasen Ali) also handed over the torch light of victim Elias to I.O. who also seized wet cloth from the person of the......On that very night at about 01:15 AM he went to Tayeb Ali's shop and arrested appellant Nowsher Ali who was then in custody of Hasen Ali Dafadar of Fakirhat union (P.W.13). He (Hasen Ali) also handed over the torch light of victim Elias to I.O. who also seized wet cloth from the person of the appell......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Hossain and other Vs. State, 2002, 31 CLC (HCD)
.... Respondent-State. Criminal Appeal No.2392 of 1998. Judgment Md. Hassan Ameen J.-This criminal appeal, at the instance of eight accused-appellants, namely, (1) Noor Hossain, (2) Ramjan, (3) Chandu, (4) Shibha, (5) Shahin, (6) Habu, (7) Rabi and (8) Ator Ali, is directed against the judgment......terials available on record framed charge against the accused-appellants and one Noor Hossain (who died during pendency of this appeal) under sections 148/149/302/114/34 of the Papal Code and read it over to the accused on dock to which they pleaded not guilty and demanded trial. 5. The prosecuti......down the LC records along with a copy of this judgment to the trial Court concerned immediately for information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 557. ..Category: Criminal Law | Date: | Hits: 111
Dr. Md. Shahjahan, Advocate Vs. Election Commission and others, 2011, 40 CLC (HCD)
....rity. 2. Before issuance of the Rule on 18-12-2008, a vacation Bench of this Division on 11-12-2008 directed the respondent No.1, Election Commission and the respondent No.6, Deputy Commissioner, Chandpur and Ex-officio Returning Officer to accept the nomination paper of the petitioner subject to......arch 14, 2011. Result: The Rule is discharged. Cases Referred to- AFM Shah Alam Vs. Mujibul Hague, 41 DLR (AD) 68; AKM Mayeedul Islam Vs. Bangladesh Election Commission, 48 DLR (AD) 208; Government of Bangladesh Vs. Sheikh Hasina, 60 DLR (AD) 90. Lawyers Involved: None appears - Fo......g infructuous. In the result, this Rule on the two counts as mentioned above is discharged however, without any order as to cost. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 543. ..Category: Election Law | Date: | Hits: 231
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....tan Assistant Sessions Judge for trial of the case is without jurisdiction and liable to be quashed. 10. Mr. Nizamul Haque Nizam, the learned Assistant Attorney General for the state, on the other hand, submits that the opposite party No.2 categorically described the very arising out of cause o......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531.......etropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. The order of stay granted earlier shall stand vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 531...Category: Criminal Law | Date: | Hits: 103
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....e specific points as proposed in the application under section 540 of the Code of Criminal Procedure. 10. Mr. SM Shahjahan Kabir, the learned Assistant Attorney General of the State on the other hand submits that the witnesses were examined by the trial Court without any objection from the accu......The implication of section 540 CrPC is that a Court is entitled to call for the additional evidence if it feels that the additional evidence will expand or clear up the evidence already produced. The overriding consideration for him, while exercising power under section 540 CrPC is the interest of......in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524...Category: Procedural Law | Date: | Hits: 129
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....ween the parties. 8. Mr. Khijir Ahmed, the learned Advocate to fortify his submission has relied on the decisions reported in 2 MLR (AD) 215, 57 DLR (AD) 39 and 20 BLD (AD) 187. 9. On the other hand, Mr. Zainul Abedin, the learned Advocate appearing for the defendant-respondent No.1 supports t......ly as possible as per terms of their bainapatra but the defendant No.1 with ill motive without payment of balance consideration money amounting to Taka 5,00,000 approached various authorities to take over possession of the suit property. He further submits that the trial Court after discussion of ev...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519...Category: Property Law | Date: | Hits: 105
.... sale of any share of Purbachal Jute to the aforesaid purchasers at any time. The petitioners asserted that they were owning 58% of the total shares of Purbachal Jute and requested the respondents to hand over the mill to them. The petitioners produced annual return of shares is form E for the year ......ision
(Special Original Jurisdiction)
Present:
Sultan Hossain Khan J
Anwarul Hoque Chowdhury J
Mian Abdur Rashid and others…………………………………Petitioners
Vs.
Government of People's Republic of Bangladesh, represented the Secretary, Ministry of Industries &......ot arbitrarily.
In the result, this Rule is discharged but without any order as to costs.
Anwarul Hoque Chowdhury J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 122.
..
Category: Company Law | Date: | Hits: 162
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....the matter, seized the questioned Bainapatra from file of O.C. suit No.152/80 under order of the learned District and Sessions Judge, sent the questioned Bainanama to C.I.D. for expert opinion. The hand writing expert of C.I.D. Dhaka opined that the questioned Bainapatra is out and out a forged ......-A, Charge-sheet, (Annexure B) partition suit decree (Annexure C) the plaint of the suit being T.S. No.8 of 1980 filed by Halima Khatun and the plaint of O.C. suit No.132/80 including order sheets covered by Annexure which are receipts of registered letters issued by port office and having done so......ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109...Category: Criminal Law | Date: | Hits: 117
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....Benoy Bhushana Bardhaa and others Vs. the S.D.O. Brahmaabaria and another, 30 DLR (SC) 139; Syed Ahmed Vs. Prof alia Kumar Dey 13 DLR 70; Md. Yunus Vs. Md. Yousf, 21 DLR 466. Lawyers Involved: Khandaker Mahbubuddin Ahmed, with Mirza Hussain Haider, Advocates-For the Petitioners. A.F.M. Shah......987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
....ted in: 63 DLR (HCD) (2011) 517. ......titioner's case are as follows:
The petitioner was the Chairman of Bangladesh Road Transport Corporation, BRTC from 20-12-2001 to 5-11-2006 with the rank and status of Additional Secretary to the Government of People's Republic of Bangladesh and banking such post in pursuance of the advertisement......the above observation. Let a copy of the Judgment and order be sent to the concerned authority for information and necessary action.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 517. ..
Category: Property Law | Date: | Hits: 115
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
.... Case Referred to- Maritime Electric Co. Ltd. Vs. General Dairies Ltd., AIR 1937 PC 115. Lawyers Involved: Md. Hannan with Md. Khaled Ahmed, Advocates ‑For the Petitioner. Khandaker Mahbubuddin Ahmed with AY Masihuzzaman & SM Monir, Advocates ‑ For the Respondents. ......d Homeopathic College Recognition Implementation Committee has preferred the petition. The first respondent is Bangladesh, represented by the Secretary, Ministry of Health and Family Planning of the Government of Bangladesh, while the second respondent is the Chairman of Bangladesh Homeopathic Board......n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385...Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....a gamcha and forcibly dragged him out of his ghar and laid down the victim on the ground to the south western side of the outer house. Then accused Shahjahan alias Submia hit on die elbow of the left hand of the victim with an iron rod and had broken the bone causing bleeding injury. Accused Montaz ......Medical College Hospital and his dead body was brought to his house. P.W.9, Taibur Rahman, nephew and son‑in‑law of the victim Habibur Rahman reached the place of occurrence after the assault was over and found the victim at the place of occurrence in injured condition P.W.13, Muklesur Rahman, C......nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....ncess at shed No.7. The plaintiff claims to have sustained the loss owing to the act of negligence and misconduct of the staff and crew of the ship owner and also of the Jetty Staff who might have mishandled these drums but the defendants not having disclosed the tally and actual affairs the plain......arned out by the Lloyd's surveyor they are not liable for the result of the survey. Defendant Nos.1 & 2 denied the quantity of shortage and also contended that the plaintiff in not entitled to recover customs duty, sales tax survey fee, river dues and landing charges from the defendants. 6. D......smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93...Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... is made absolute. Cases Referred to- Abdul Aziz Vs. Abani Mohan, 30 DLR (SC) 221; Mofazzal Molla and another Vs. Parul Bala Debi and others, 24 DLR 117; Md. Amir Hossein Sardar Vs. Swat Chandra and others, 31 DLR 109; Mozaffar Ahmed & others Vs. Moulvi Saleh Ahmed and others, 40 DLR......d. It is also not in dispute that as a general rule the powers of the Court under section 151 of the Code of Civil Procedure are not to be invoked where there is specific provision in the Code which covers a particular case or there is an alternative remedy. It is the contention of the petitioners t...... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552...Category: Procedural Law | Date: | Hits: 130
Shewe Hla Prue TK Vs. Commissioner, Chittagong Division, Chittagong and others, 1992, 21 CLC (HCD)
.... the punishment was inflicted. He therefore relies under Rule 48 and the principle of natural justice being violated. 8. Mr. Awlad Ali, the learned Advocate for the respondent No.4 on the other hand submits that the Deputy Commissioner who was overall in charge of peace and administration of C......bitants of Naithong Mouza themselves through their village leaders called Karbaries and others working in the representative capacities including the MP of Bangladesh, made representation before the Government for transferring Naithong Mouza from Ruma Upazila to Thanchi Upazila. It appears that the ......ithout lawful authority and to be of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 539...Category: Others | Date: | Hits: 171
Ator Ali and others Vs. State, 1989, 18 CLC (HCD)
....e taking him towards the Beel and having had heard this she rushed there and wanted Babor Ali from the accused but Ator Ali told her that she would not get her son and Sukur snatched the Dao from her hand and with that Dao severed the head of Babor Ali from his body and gave it to her and when they ......her Babor Ali with a Dao. He also said that Jilani had a rifle while Piar Mia had a pistol with him and in order to disperse them they opened blank fire. They were afraid of the arms and could not recover the dead body of Babor Ali from the accused who carried the dead body towards the river on the ......iar Mia and the non‑appealing convict Siddique should be set at liberty forthwith, if not wanted in connection with any other case. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 478. ..Category: Criminal Law | Date: | Hits: 145
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....tional areas; that one Zohura Khatun had been possessing CS Plots No.113 and 115 of khatian No.24 and portion of block Nos.6 and 7 of Collector's map as accretion to her land by purchase from Satish Chandra Bhadra. Defendant No.2 therefore prays for declaration of his title over the land accreted to......D) 195; Lopez Vs. Mudan Mohan Thakur, 13 MIA 467 PC. Makku Mia & others Vs. Ali Rossain Bhuiyan and others, BCR 1984 (AD) 60; Jafar Ali & others Vs. Sadek All & others, BCR 1985 (AD) 29; Government of Bangladesh Vs. A Wahed Miter & others, BLD 1990. Lawyers Involved: Khondker M......urther stated that the Collector of Khulna therefore, attached the said char land in accordance with the provision of section 3 of the aforesaid Act and had appointed District Manager as receiver for management of the said land. The lands were still under attachment and in possession of the receiver..Category: Property Law | Date: | Hits: 118
Wing Commander M Hamidullah Khan Bir Protik Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....oner. Mahbubey Alam, Attorney-General with Murad Reza, Additional Attorney-General, Motaher Hossain, Deputy Attorney-General, Samarendra Nath Biswas, Jahangir Alam, Amit Talukder, Ekramul Huq and Khandaker Diliruzzaman, Assistant Attorneys-General - For the Government. Writ Petition No.7353 of......tional Attorney-General, Motaher Hossain, Deputy Attorney-General, Samarendra Nath Biswas, Jahangir Alam, Amit Talukder, Ekramul Huq and Khandaker Diliruzzaman, Assistant Attorneys-General - For the Government. Writ Petition No.7353 of 2010. Judgment Md. Anwarul Haque J.- One Wing Commander...... against the petitioner, if he is so advised. In the facts and circumstances above, the instant writ petition is rejected summarily. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 491...Category: Constitutional Law | Date: | Hits: 314
....d her with rights and obligations and thereby clothed her with a juristic personality. Under Article 146 of the Constitution our Republic can sue and be sued by the name of "Bangladesh". On the other hand, the law has not conferred upon a Ministry or a Department of the Government a legal personalit......ween two Ministries, which could be resolved by inter-ministerial consultation and could not be the subject of a judicial proceedings in a Court of law. It was contended that a suit on behalf of the Government in respect of a property belonging to the Government could only be filed by the Deputy Com......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 542...
Category: Procedural Law | Date: | Hits: 146
Mohiuddin Ahmed and others Vs. Government of Bangladesh and others, 2011, 40 CLC (HCD)
....gment and decree passed in Title Suit No.68 of 1984 and Judgment and decree dated 1-4-1996 passed by the Additional District Judge, 3rd Court, Sylhet in Title Appeal No.60 of 1989. 8. On the other hand, learned Deputy Attorney General has filed counter affidavit dated 10-5-2011. 9. Mr. Tabarak......me Court High Court Division (Civil Revisional Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J Mohiuddin Ahmed and others......................Petitioners Vs. Government of Bangladesh and others....................Opposite-parties Judgment May 12, 2011......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504...Category: Property Law | Date: | Hits: 121
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