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Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....ners Vs. Government of BanglaÂdesh & others……………………..Defendant Opposite-Parties Judgment May 12, 2010. Result: The rule is discharged. Cases Referred to- Bangladesh Vs. A Wadud, 25 DLR (SC) 90; Chowmuhuni College Vs. Ismail Hossain, 26 DLR 10; Sajjadul H......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......g in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setÂting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, te......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
....se No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in differÂent financial business including giving loan to the customers....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......aÂneous Case No.55 of 2006 under section 138 of the Negotiable Instruments Act, now pending in the Court of Additional Sessions Judge, 2nd Court, Gazipur should not be quashed. 2. Facts necessary for disposal of the rule are that on 23 to 26 the complainant opposite party No.1 filed a Complaint ....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
....rt High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J AKM Zahirul Hoque J Shah Alam (Md.)………………………Plaintiff-petitioner Vs. Bangladesh Water DeveÂlopment Board……………………Defendants-Opposite Parties Judgment ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water DevelopÂment Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
.... (2012) 241. ......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......wing the said case under Order XXI Rule 58 of the Code of Civil Procedure, should not be set aside or such other order passed as this Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries & Commerce Ban......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ..Category: Civil Law | Date: | Hits: 161
Makhlekur Rahman Vs. State, 1982, 11 CLC (HCD)
....l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ......iminal Procedure, 1898 (Act No. V of 1898); section 561A In case of prolongation of the proceeding which will amount to a sheer abuse of the process of the Court and harassment of the accused and for ends of justice the proceedings can be quashed………………………(4) Cases Referred ......l bonds forthwith. The Rule is, accordingly, made absolute. Communicate the order at once. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 72. ..Category: Criminal Law | Date: | Hits: 62
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....ourt recommending quashment of the said Criminal Case. 3. The petitioner's case is that he was the Managing Director of Dhaka Paints LimiÂted which was the principal agent dealer of Berger Paints Bangladesh Limited of which the Opposite party is the Regional Sales Manager. As the appointed agent......n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......Amin-Ur Rahman Khan J.- The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the or......n 420 of the Penal Code now pending in the Court of Chief MetropoliÂtan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ..Category: Criminal Law | Date: | Hits: 67
Sultana Ara Begum Vs. Secretary, Ministry of Home Affairs & others, 1985, 14 CLC (HCD)
....Jilani Vs. Govt. of West Pakistan, 19 DLR (SC) 403; Baqui Baloch, 20 DLR (SC) 249; Begum Aga Shorish Kashmiri, 21 DLR (SC) 1; Md. Makhlesur Rahman Vs State, 28 DLR 172; Md. Anwar Hossain Vs. Govt. of Bangladesh and others, 30 DLR 423; Abdul Latif Mirza Vs. The Government of Bangladesh and others, 31......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ...... the Penal Code. Case No.48(4)81 under section 394 of the Penal Code and Chandgaon P.S. Case No.13(4)80 under section 19(f) and section 19A of the Arms Act. Since 1980 the detenue was kept in custody for about 4 years in connection with these cases. The Government by order vide Memo No.364. Misc. 11......maluddin Ahmed alias Jamal Ahmad be set at liberty at once. In the result, the Rule is made absolute. Md. Abdul Jalil, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 93. ..Category: Criminal Law | Date: | Hits: 78
Kazi Aftabuddin and others Vs. Bangladesh and others, 1996, 25 CLC (HCD)
....igh Court Division (Special Original Jurisdiction) Present: A M Mahmudur Rahman J K M Hasan J Kazi Aftabuddin and others……………………………………Petitioners Vs. Bangladesh, represented by the Secretary Ministry of Land, Government of the People's Republic of Ba......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ...... instrument and such right has not been given effect to. Any letter, which is not a legal instrument to create any legal right and which only lays down the policy of the Government, does not have any force of law and thus Article 102 of the Constitution cannot be invoked.………………………â......h step has been taken by the authority to remove the structures. In view of the above, the petition is rejected summarily. No cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 422. ..Category: Property Law | Date: | Hits: 67
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....Artha Rin Adalat & others………………………………..Respondents Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......ndent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ..Category: Civil Law | Date: | Hits: 176
Muslim Uddin Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....upreme Court High Court Division (Special Original Jurisdiction) Present: Mirza Hussain Haider J Md. Nuruzzaman J Muslim Uddin……………………………Petitioner Vs. Bangladesh and others……………………………..Respondents Judgment August 8, 2011. ....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ......esult: The Rule is discharged. Administrative Tribunal and its Jurisdiction The Constitution of Bangladesh, 1972 incorporated Article 117 with a non-obstante clause which is to be given full force and effect. Pursuant to the same Administrative Tribunal has been established by the Parliamen....... Hence, the Rule is discharged. Stay granted earlier by this Court be vacatÂed. However, there will be no order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 161. ..Category: Administrative Law | Date: | Hits: 455
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
.... Division (Special Original Jurisdiction) Present: Hasan Foez Siddique J Md. Jahangir Hossain J Mangal Chandra Sarker and others…………………………….Petitioners Vs. Bangladesh and others………………………….Respondents Judgment October 27, 2011. ......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......te Notification dated 21-8-1989 in respect of the land of plot Nos.84 and 79 and Gazette Notification dated 4th September, 1990 in respect of plot Nos.17 and 117 by which the Government acquired the aforesaid property of the petitioners situated at Mouza-Chakoli, JLNo.214, Police Station Pallabi, Dh......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ..Category: Property Law | Date: | Hits: 89
..... 3 in pursuance of SRO No. 318 issued a letter dated 23- 7-84 under the signature of the Range Office requiring the petitioner to obtain registration on deposit of Taka 100 by treasury chalan in the Bangladesh Bank and to apply for a registration of his business firm in the prescribed form. Consequ......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
...... No. 243 dated 27-6-86 (Annexure-H) and SRO No. 161 dated 16-6-88 (Annexure-J), which levied business turnover tax on the Customs Bonded Warehouse of the petitioner were challenged.
2. Short facts for disposal of the Rule are that the petitioner was holding a customs bonded warehouse licence issu......cember, 1985 to the petitioner as prayed for within a period of 30 days of receipt of this order, positively.
Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 704.
..
Category: Administrative Law | Date: | Hits: 491
Md. Iddris Sheikh Vs. State, 2008, 37 CLC (HCD)
....D) 61; Noor Hossain (Md.) Vs. State, 7 BLC 241; Rahela Khatun Vs. Abul Hossain, 48 DLR (AD) 213; A. Qader Chowdhury Vs. The State, 28 DLR (AD) 38; Faruk Ahamed Vs. A. Kader Chowdhury, 38 DLR (AD) 18; Bangladesh Vs. Yeakub Sarder, 40 DLR (AD) 246. Lawyers Involved: J.B.M. Hassan, Advocate, wit......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ......1881 The Negotiable Instrument Act, 1881, by its nature, is not a cumbersome Act, and the proceeding under section 138, once the offence is admitted, is summary in nature and there is little scope for taking defence……………………………….(17) Cause of action of a Criminal Case ......f Chief Judicial Magistrate, Faridpur, shall continue in accordance with law. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 223. ..Category: Criminal Law | Date: | Hits: 103
Shamsul Alam Selim alias Sheikh Selim alias Anik Chowdhury Vs. State and another, 2006, 35 CLC (HCD)
....y in Chuadaanga. The father of the complainant was landlord and renowned business man since British period and his all brothers and sisters are highly educated and have been working in higher post in Bangladesh and out of Bangladesh. The complainant is a founder of Chuadanga District Chatra League a......l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ......ding one of defamation by publishing false and malicious news or views............................(11) On the basis of the defence plea or materials the criminal proceeding should not be stifled before trial when there is a prima facie case for going to the trial........................................l Magistrate, Chuadanga is directed to proceed with the trial expeditiously in accordance with law. Communicate the order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 219. ..Category: Criminal Law | Date: | Hits: 81
.... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
......eir appointment. With a view to contest the case the second party-petitioner company filed a written statement denying the first party-respondents' claim. Thereafter, the case was fixed on 27.11.2000 for hearing. On this day, the first party filed hazira and the second party filed a petition praying...... No.1) in I.R.O. Case No.1 of 1997 (Annexure-C) are declared to have been passed without lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 275.
..
Category: Labour and Industrial Law | Date: | Hits: 190
....
Vs.
M Abdul Hye, Chairman of the Election Committee and others……………………Respondents
Judgment
August 8, 1996.
Result:
Both Rules are discharged.
The Constitution of Bangladesh, 1972, Article 102
The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28)
......ued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ does not lie against the members of Election Committee of a Co‑operative Society, which is not the 'Local Authority' within the meaning of Clause 28 of section 3 of the Gene......e Constitution of Bangladesh, 1972, Article 102
The General Clauses Act, 1897 (Act No. X of 1897); section 3 (28)
Under Article 102 of the Constitution writ may be issued directing a person performing functions in connection with the affairs of the Republic or of a Local Authority. The writ d......ove finding we need not enter into merit of the Rules.
In the result, both the Rules are discharged without any order as to costs.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 566.
..
Category: Election Law | Date: | Hits: 600
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....…Petitioner Vs. The State and others……………………………………Opposite Party Judgment January 12, 1986. Result: The Rule is made absolute. Cases Referred to- Bangladesh Vs. Shahjahan Siraj, 32 DLR (AD) 1; Kazi Md. Wahidunnabi Vs. Abdus Sattar and others, 36 ......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ......23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ioners Sakya Pada Barua, Fazlul Huq, Nurul Mostofa and Nurul Amin are discharged from their bail bonds. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 86. ..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....al Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under difÂferent heads and also received on behalf of the School C.I. sheets wo......This Rule is acÂcordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ......hairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under difÂferent heads and ......This Rule is acÂcordingly made absolute. Let the records be sent down to the Court concerned at once. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 82. ..Category: Criminal Law | Date: | Hits: 104
Dabiruddin and others Vs. State, 2007, 36 CLC (HCD)
....ants cited the decisions in the case of Nowabul Alam and others Vs. The State reported in 15 BLD (AD) 54, in the case of Muslim Uddin and others Vs. The State reported in 7 BLD (AD) 2, in the case of Bangladesh (State) Vs. Paran Chandra Baroi reported in 6 BCR 1986 (AD) 225, in the case of The State......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ......bts always rests on the prosecution and on its failure it can not fall back upon the evidence adduced by the accused in support of his defence to rest its case solely thereon. In Criminal cases it is for the prosecution to bring the guilt home to the accused. The fundamental and basic presumption in......ainst them. They shall be set at liberty forthwith if not wanted in connection with any other case. Send down the L.C. R at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 181. ..Category: Criminal Law | Date: | Hits: 74
Elias Brothers (Md.)(Pvt.) Limited and another Vs. Bangladesh and others, 2010, 39 CLC (HCD)
....h Court Division (Special original Jurisdiction) Present: Md. Imman Ali J Obaidul Hassan J Elias Brothers (Md.)(Pvt.) Limited and another……………………..Petitioner Vs. Bangladesh and others…………….........Respondents Judgment September 5, 2010. Resul......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ......rson interested who has not accepted any award made by the deputy Commissioner under this Ordinance." After insertion of sub-section (3) of section 28 it was made more clear that it would be required for the applicant to implead the requiring person as party to his application made under section 28(......e observation and direction the Rules are made absolute without any order as to cost. Communicate this judgment and order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 327. ..Category: Civil Law | Date: | Hits: 170
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