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Sk. Shahadat Ali and others Vs. Deputy Commissioner, Khulna and others, 1992, 21 CLC (HCD)
.... filed on behalf of respondent No.4 stating, inter alia, that an area of 8.66 acres near Roosevelt Jetty at Khalishpur Bandar was required for the development of the aforesaid jetty and accordingly a prayer was made to the then Government of East Pakistan in 1954. However, the respondents admit that......4. Writ Petition No. 453 of 1986. Judgment Mainur Reza Chowdhury J.- This Rule Nisi under Article 102 of the Constitution was issued calling upon the respondents to show cause as to why the forcible eviction of the petitioners from 0.29 acres of land recorded in SA Khatian Nos. 1913, 1992,......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ......without any order as to costs. It is directed that the petitioners be restored to full physical possession of their land in question. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 237. ..Category: Property Law | Date: | Hits: 138
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....ed by the reviewing authority and the respondent filed the A.T.C. Case within 6(six) months of the order impugned in the case. The learned Counsel further submitted that the respondent failed to file prayer for review within (three) months as required under the provisions of the Government Servants ......ribunal in Administrative Tribunal Case No.59 of 1996 allowing-in-part. 2. The facts involved in the ease, in short, are that the respondent instituted Administrative Tribunal Case No.59 of 1996 before the Administrative Tribunal, Dhaka stating, inter alia, that he joined on 2.10.1977 as a Deputy...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....ces and that the said offence is punishable with imprisonment for life. The learned Sessions Judge has thus rightly rejected the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: ...... on 26.4.83 as an Assistant Vice‑President. Subsequently he became its Vice‑President with effect from 1.1.86 and served till 8.1.87. It appears from the papers submitted by the Bangladesh Bank before this Court that accused petitioner Mustafizur Rahman although served in the National Bank Limit......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....S Case No.115 (5) 87 was started and in course of investigation the accused persons were arrested. The case was investigated and the Investigation Officer sent the report to Upazila Magistrate with a prayer for keeping the godown under lock and key in order to maintain peace. The report was accepted......rayanganj Police Station on 15.5.85 on accusations, inter alia, that he was an employee of one Belayet Hossain, Proprietor of Comilla Salt Industries. In the morning the said Belayet Hossain had left for his village home and in his absence the accused opposite‑party Abdul Gani Bhuiyan and his two ......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
Siddique (Md) Vs. State, 1992, 31 CLC (HCD)
....ttorney‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issu......‑General with Shah Azizur Rahman Assistant-Attorney‑General ‑ For the State. Criminal Revision No.1325(R) of 1991. Judgment Habibur Rahman Khan J.- This is an application with a prayer for a direction for registering the appeal as being preferred within time and a Rule was issued by t......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ......e Special Tribunal, the prayer for registering the appeal for hearing on merit is rejected. In the result, the rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 214. ..Category: Criminal Law | Date: | Hits: 68
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
....vised drawing dated 9.5.90. To save the said building construction of the road in question was stopped for more than 2‑1/2 years. When the petitioner No.1's said building has been spared on her own prayer can she turn round now and claim that 'spare my valuable vacant land and take my building'. O......that land and the mosque and grave of their predecessor late Colonel MA Rashid to the southern side thereof. Respondent No.3, Chairman Rajdhani Unnayan Kartipakhya, in short, RAJUK required some land for construction of the link road connecting Green Road with Mirpur Road and the Planning Commission...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....ssuing Rule a direction was given to maintain status‑quo with regard to the custody of the victim girl and the case in the Court below was allowed to proceed as usual. Subsequently on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of ...... on 3.4.91 on the prayer made on behalf of the petitioner, the opposite parties No.2 to 5 (accused in the case out of which the present Rule arises) as mentioned in paragraph 2(ii) of the application for amendment, were impleaded as parties and Rule was also issued against them. Simultaneously praye......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ..Category: Criminal Law | Date: | Hits: 80
State Vs. Dipu Mondal, 2010, 39 CLC (AD)
.... Dipu Mondal, Son of Hashmot Ali Mondal, Village-Chargopinathpur, Police Station-Pangs a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ......ber 7, 2010. Lawyer Involved: Motahar Hossain, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-the Respondent. Criminal Petition for Leave to Appeal No.53 of 2009. (From the judgment and order dated 10.6.2008 passed by the Hig...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ...... a, District-Rajbari in connection with the case and to admit him on bail to his satisfaction till he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 267. ..Category: Procedural Law | Date: | Hits: 81
Firoz Ali and others Vs. State, 2010, 39 CLC (AD)
....nce on appeal. 2. According to the prosecution story narrated by Md. A. Salam (P.W.1), on 22nd November, 1995 while his brother Abdul Ban, since deceased, was returning home after saying 'Asore' prayer from the local mosque, the petitioners along with others gheraoed him, and then Ilias Mia and......y 13, 2010. Lawyers Involved: AFM Mesbauddin, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. Not Represented- the Respondent. Criminal Petition for Leave to Appeal No.350 of 2009. (From the judgment and order dated 12.2.2008 passed by the Hi......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264.......eration. Leave is, therefore, granted on the additional grounds. Preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VIII ADC (2011) 264...Category: Criminal Law | Date: | Hits: 71
Shahidul @ Buidda and others Vs. Mrs. Anwara Begum and others, 2010, 39 CLC (AD)
....13 accused persons including the accused petitioners. 4. After the case was sent for trial to the Court of Sessions, an application was filed on 10th August, 2003 by the public prosecutor with a prayer for withdrawal from the prosecution of the petitioners. The learned Additional Sessions Judge......................Respondents Judgment April 13, 2010. Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not Represented- the Respondents. Criminal Petition for Leave to Appeal No.220 of 2009. (From the judgment and order dated 19.3.2009 passed by the Hi......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ......ived at a correct decision. There, is therefore, no cogent reason to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 250. ..Category: Criminal Law | Date: | Hits: 81
State Vs. Md. Anisur Rahman Sheikh, 2010, 39 CLC (AD)
....ahman Sheikh, son of late Matiwar Rahman Sheikh, Village-Pingguria, Police Station-Kachua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......10. Lawyers Involved: Bismader Chakraborly, Deputy Attorney General, instructed by B. Hossain, Advocate-on-Record-For the Petitioner. Not Represented-For the Respondent. Criminal Petition for Leave to Appeal No. 51 of 2009. (From the judgment and order dated 16.9.2007 passed by the Hi......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ......chua, District-Bagerhat in connection with the case and to admit him on bail to his satisfaction if he makes any prayer in that regard. Ed. This Case is also Reported in: VIII ADC (2011) 246. ..Category: Criminal Law | Date: | Hits: 71
Abdul Jalil Vs. Bangladesh Steel & Engineering Corporation, 1989, 18 CLC (HCD)
.... them will be one of master and servant and further relying on the decision reported in 19 DLR 307 held that the plaintiff being an employee under a corporate body cannot sue against dismissal with a prayer for a declaration that his dismissal order is wrong, inoperative and void on the ground that ......n 29.2.88 should not be set aside. 2. On 28th July, 1983 plaintiff Abdul Jalil instituted Title Suit No. 301/83 in the First Court of Subordinate Judge, Dhaka, stating that he was appointed in the former East Pakistan Industries Development Corporation as a Metallurgical Engineer, Iron & Stee......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474.......ise of its Revisional Jurisdiction is called for in the present case. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 474...Category: Employment/Service Law | Date: | Hits: 108
Anwar Hossain Monju Vs. State, 1991, 20 CLC (HCD)
.... for quashment of the said proceeding on the ground that it is an abuse of the process of the Court. 5. In the meantime the petitioner prayed for bail before the Special Tribunal and the said bail prayer was rejected. Against which there is an application for bail filed before this Court after se....... 13 (2)91, GR Case No. 1029/91 under section 7(b) of the Special Powers Act pending in the Court of Senior Special Tribunal and Sessions Judge, Dhaka. 2. Facts in short are that the petitioner, a former Minister of the outgoing Government and Editor of the Daily Ittefaq came to know on informati......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447.......r after taking into consideration of all available materials. In view of the above, I agree with the decision that the rule be discharged. Ed. This Case is also Reported in: 43 DLR (1991) 447...Category: Criminal Law | Date: | Hits: 98
Category: Constitutional Law | Date: | Hits: 246
Motiul Hoque Vs. Dhaka Improvement Trust (RAJUK) & another, 1990, 19 CLC (HCD)
....owdhury, Subordinate Judge, 1st Court, Dhaka, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the suit property measuring ......ed by Mr. Nurun Nabi Chowdhury, Subordinate Judge, 1st Court, Dhaka, in Title Suit No. 103 of 1985 dismissing the suit on contest with cost. 2. The appellant Motiul Haque as plaintiff filed a suit for declaration with a prayer for a decree that the plaintiff has right, title and interest in the s......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ......the result, the appeal is dismissed Without any order as to costs and the judgment and decree passed by the trial Court is hereby affirmed. Ed. This Case is also Reported in: 43 DLR (1991) 407. ..Category: Property Law | Date: | Hits: 87
Alamgir and others Vs. State, 2010, 39 CLC (AD)
.... 17.08.2003. At trial the accused persons pleaded not guilty to the charges. 5. During trial the prosecution examined 11 witnesses out of 13 cited witnesses and some witnesses were examined on the prayer of the prosecution and after conclusion of trial the accused persons were convicted as st......ecord-For the Petitioners. Not represented- the Respondent. Criminal Review Petition No.31 of 2009. (From the judgment and order dated 11.08.2008 passed by this Division in Criminal Petition for Leave to Appeal No.138 of 2008.) Judgment Md. Abdul Matin J. - This review petition is dir......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ......to appeal by the impugned judgment. No case has been made out for review of the said judgment and accordingly the same is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 244. ..Category: Criminal Law | Date: | Hits: 59
Bangladesh and others Vs. Md. Abdul Malek and others, 2009, 38 CLC (AD)
....Thereafter the aforesaid First Appeal was tendered before the High Court Division with an application for condonation of delay of about six months but the High Court Division rejected the appellants' prayer for condonation of delay without assigning any reason whatsoever. 3. Leave was granted to......ent and order dated 25th May, 1997 passed by the High Court Division in F.A. Tender No.41 of 1997 rejecting the Memo of Appeal. 2. Short facts are that the respondents as plaintiff instituted the aforesaid Title Suit No.10 of 1995 in the 2nd Court of Subordinate Judge (now Joint District Judge), ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ......delay and thereby dismissed the appeal which requires to interference by this Court. Accordingly, the appeal is allowed with cost of Tk. 200/-. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 86
Mahirun Nessa Vs. State, 1993, 22 CLC (HCD)
....ther submitted that the accused petitioner is now aged 80 years and has been suffering from various complicated old age diseases and unable to move without the assistance of others. In support of her prayer for condonation of delay in filing the appeal the learned Advocate submits that the accused p......ate ‑ For the Appellant Petitioner. Not represented- the respondent. Criminal Appeal No.127 of 1993. Judgment Habibur Rahman Khan J.- This is an application u/s. 5 of the Limitation Act for condoning the delay of about 7 years 2 months that is 2617 days caused in filing the appeal. ......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184.......red accordingly. The petition filed for bail be kept with the record to be heard at the time of hearing of the admission of appeal. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 184...Category: Procedural Law | Date: | Hits: 112
M/s. Golden Biscuit Co. Vs. AL‑Haj Rafique Mia and another, 1993, 22 CLC (HCD)
....titioner thereafter brought in the Court of Assistant Judge and ex‑officio Rent Controller, Dhaka, House Rent Case Nos. 2 and 3 of 1988 against the transferee landlords. The landlords opposed the prayer contending that the petitioner was not entitled to make deposit under section 19(1) of the Pr......so transferred the rest of the holding in favour of Al‑haj Mir Jahan, opposite party in Civil Revision No.675 of 1990. As a result the petitioner became a tenant under them. The original landlord informed the petitioner of the said transfer by a registered notice, dated 16th November, 1987 and cal......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181.......lowed and the petitioner be permitted to make a deposit of his rent in favour of the landlords. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 181...Category: Property Law | Date: | Hits: 78
Farid Karim Vs. State, 1992, 21 CLC (HCD)
....passed against him. 2. The prosecution case, in short, is, that Tutul, the son of Kalu Sheikh aged about 10/11 years, used to work as an employee in the shop of FK Jewelers. On 25.10.86 after Asar prayer Firoj Karim, the proprietor of FK Jewelers and his Manager went to the house of the informant...... Judgment Habibur Rahman Khan J.- This reference being Death Reference No.12 of 1987 has been made by Mr. MG Mostafa, Sessions Judge, Kushtia under section 374 of the Code of Criminal Procedure for confirmation of sentence to death by hanging by neck till his death while convicting Md. Farid K......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ......order of rejection of the Reference be also communicated to the Superintendent, Rajshahi Central Jail for information and compliance. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 171. ..Category: Criminal Law | Date: | Hits: 84