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Farid Ahmed and others Vs. State and another, 1990, 19 CLC (HCD)

.... ordering further inquiry in the case thereby obstructing the hands of the learned Magistrate in the exercise of his jurisdiction. In support of his contention the learned Advocate referred to a full Bench decision in the case of Emperor Vs. Maunga Ba Thon, reported in 32 CrLJ 950 (of the Rangoon Hi...... of earlier complaint is not maintainable. The petition merits no consideration. Therefore, the application is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 30. ..

Category: Criminal Law | Date: | Hits: 78

Nurul Islam & others Vs. Noor Mohammad, 1991, 20 CLC (HCD)

.... two suits are heard by the same Court one after another simultaneously that will meet the ends of justice. In the case of M/s Ayat Ali Bhuiyan and Company Ltd. Vs. Janata Bank, 40 DLR 56, a Division Bench of this Division, to which I was a party, expressed somewhat similar view relying on section 1......der as to costs. The Court below is directed to dispose of the suits in accordance with law in the light of the observation made above. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 29...

Category: Procedural Law | Date: | Hits: 51

Abdul Jabbar Vs. State and Pradip Kumar Biswas, 1991, 20 CLC (HCD)

....hury J.-The application for drawing up a contempt pro­ceeding against Mr. Shafiqul Islam, the Chief Metro­politan Magistrate, Khulna and others for violation of the stay order granted by a Division Bench of this court in Criminal Revision No.972 of 1990. 2. Heard the learned Advocate and peruse......opy of this order to Mr. Shafiqul Islam, Chief Metropolitan Magistrate, and Khulna immediately for his future guidance and instructions. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 21...

Category: Criminal Law | Date: | Hits: 84

Anisul Islam Mahmood and others Vs. Government of Bangladesh, 1991, 20 CLC (HCD)

....e Special Power Act would also be without lawful authority and of no legal effect in view of the several decisions such as, the cases of Sultan Ali Naghiana Vs. Nur Hussain AIR 1949(Lahore) 131 (Full Bench); Dr. MO Ghani Vs. ANM Mahmood, PLD 1966 Supreme Court 802, Director of Public Prosecutions Vs......hese two rules are made absolute without any order as to costs (the consequence of which is that the said two proceedings are quashed). Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 1. ..

Category: Criminal Law | Date: | Hits: 88

Bangladesh Vs. Anisur Rahman and another, 2011, 40 CLC (AD)

.... of the rule was served upon the respondents but none of the respondents entered appearance though the rule was made ready for hear­ing. Thereafter on 12.08.2008 the rule appeared in the list of the Bench, presided over by his lordship Mr. Justice A. K M. Abdur Rahman. On 22.03.2009 the said rule w......it the concise statement within 25th April, 2011 and 1 (one) week thereafter the respondent shall file the concise statement positively. Ed. This Case is also Reported in: VIII ADC (2011) 383. ..

Category: Property Law | Date: | Hits: 85

Chairman, BCIC Vs. Anis U Ahmed Tussan, 2011, 40 CLC (AD)

.... in First Appeal No. 288 of 2002). Judgment Nazmun Ara Sultana J. - This Civil Petition for leave to appeal has been directed against the judgment and order dated 18-5-2009 passed by a Division Bench of the High Court Division in First Appeal No.288 of 2002 dismissing the appeal and thereby af......Court Division rightly dismissed the appeal. In the circumstances this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 93, IX ADC (2012) 181. ..

Category: Alternative Dispute Resolution | Date: | Hits: 182

Public Service Commission Vs. Mohammad Sohel Rana and others, 2010, 39 CLC (AD)

....o take fresh viva-voce examination of the candidates, qualified in the written test. Some candidates challenged the impugned Notification in Writ Petition Nos. 6349, 6348 and 6393 of 2007. A Division Bench of the High Court Division comprising with Mohammad Abdur Rashid and Ashfaqul Islam, JJ. heard......t Division. The judgment of the High Court Division is accordingly set aside. These petitions are disposed of with the above observation. Ed. This Case is also Reported in: VIII ADC (2011) 332. ..

Category: Constitutional Law | Date: | Hits: 247

Mohsin Kabir (Rupan) Vs. Government of the People's Republic of Bangladesh and others, 1991, 20 CLC (HCD)

....t petition in pursuance of the judgment and order dated 19.9.1988 passed by the Court of Settlement in Case No. 422/89(Ka‑126‑Sutrapur, Dhaka). In the said Writ Petition No.424 of 1989 a Division Bench of this Court, inter alia passed the following order: "The Court of Settlement has been est......ent dated 19.9.88 of the Settlement Court Case No. 422 of 1987. On the grounds stated above the application is summarily rejected. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 301. ..

Category: Property Law | Date: | Hits: 86

Buddhi Sankar Biswas Vs. Akbar Ali Sheikh, 1991, 20 CLC (HCD)

....s an application under section 151 of the Code of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 which was disposed on 9.8.90 on merit by this Court while sitting in Jessore Bench. 2. Short facts necessary for the purpose of this petition are: The present petitioner as p......de of Civil Procedure for rehearing of the Civil Revision Case No.1181 of 1980 is hereby rejected without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 242. ..

Category: Property Law | Date: | Hits: 90

Tofazzal Hossain Chowdhury Vs. Mir Amanullah & others, 1992, 21 CLC (HCD)

.... opportunity to bring evidence in support of the accusations." In another decision in the case of Mrs. Saleha Khatun Vs. The State reported in (1987) 39 DLR, 109 it has been observed by a Division Bench of this Court as under: "The High Court would be extremely reluctant to interfere in a case......ordance with law. Let a copy of the judgment and order be transmitted to the Court below immediately. The order of stay stands vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 263...

Category: Criminal Law | Date: | Hits: 88

Hameeda Banu Vs. AFM Naziruddin, 1990, 19 CLC (HCD)

....urred expenses in the execution. None of the decisions referred to by Mr. Khandker Mahbubuddin Ahmed helps the plaintiff‑respondent. The first decision reported in AIR 1921 (Nagpur) 167 is a Single Bench decision wherein it has been held that if a stranger builds on the land of another, although b......nd the suit is dismissed. In the facts and circumstances of the case, we make no order as to costs in the appeal as well as in the suit. Ed. This Case is also Reported in: 43 DLR (1991) 623. ..

Category: Property Law | Date: | Hits: 110

Mozammel (Md.) Huq Vs. State, 1990, 19 CLC (HCD)

..... 10. Mr. Serajul Huq, the learned Advocate, has referred to 3 decisions namely, those reported in 33 DLR page 203, 35 DLR page 127 and 41 DLR page 274. In all these decisions 3 different Division Benches of this Court have consistently held that joinder of scheduled and non‑scheduled offences ......Court. The Special Tribunal shall have the liberty to cancel the bail‑ of the accused if and when he finds it necessary in course of trial. Ed. This Case is also Reported in: 43 DLR (1991) 614...

Category: Criminal Law | Date: | Hits: 52

Anu Bala Vs. Upazila Nirbahi Officer, Perojpur and Others, 1990, 19 CLC (HCD)

....o the decision in the case of Circle Officer, Sutrapur Vs. Mohammad Hossain, reported in 1990 BLD Vol. 10 at page 12. 9. We have gone through the decision, under report and we find that a Division Bench of this Court in condoning the delay in filing the Title Appeal No. 127 of 1988 observed that ......ch we find no illegality to interfere in the Revisional jurisdiction of this Court. In the result, this application is summarily rejected. Ed. This Case is also Reported in: 43 DLR (1991) 611...

Category: Limitation Law | Date: | Hits: 192

Abdus Samad Azad, MP & others Vs. Bangladesh, through Secretary, Ministry of Law and Justice and others, 1991, 20 CLC (HCD)

....he election of the President of Bangladesh scheduled to be held on 8th October, 1991. In view of the above the prayer for ad interim stay is refused. Let the matter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive applicat......atter be placed before the regular Bench on the re‑opening of the Court on 20th October, 1991 for hearing of the substantive application. Ed. This Case is also Reported in: 43 DLR (1991) 607. ..

Category: Constitutional Law | Date: | Hits: 229

Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)

....pari Vs. Province of East Pakistan reported in 22 DLR 646 and also the case of Syed Ahmed Vs. Keshab Chandra and another reported in 1988 BLD 60; 22 DLR 646 to which one of us was a party is a Single Bench decision. In that case the petitioner instituted a suit against defendants for declaration of ......of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ..

Category: Civil Law | Date: | Hits: 94

Afsar Ali Chowdhury and others Vs. The People's Republic of Bangladesh, 1990, 19 CLC (HCD)

....e authority and a frolic on its own. 14. In the case of Province of East Bengal Vs. Bakerganj Central Co‑Operative Sales and Supply Society Ltd. reported in 12 DLR (Dacca) at page 219 a Division Bench of this Court took a similar view as narrated herein before and in that case under report some...... with approval. We find no substance in this application which is thus, rejected summarily. The stay granted earlier is here by vacated. Ed. This Case is also Reported in: 43 DLR (1991) 593. ..

Category: Civil Law | Date: | Hits: 87

Afsar (Md.) Vs. Moulvibazar Pourashava and others, 1990, 19 CLC (HCD)

....nnection he has referred to some decisions one in the case of Dacca Match Factory Ltd. Vs. Bangladesh Match Co. Ltd. reported in 30 DLR (HC) page 244 para 8 wherein it has been observed by a Division Bench of this Court. "It is clear that on the question of maintainability the suit ought not to h......this order with proper notice to both the sides. Let the records of the case along with a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 43 DLR (1991) 589. ..

Category: Trust/Waqf Law | Date: | Hits: 181

Khelu Mia and others Vs. State, 1990, 19 CLC (HCD)

....n some decisions reported in AIR 1954 (Madras) 152; PLD 1956 (Lahore) 157 may be referred to. In the case of Singaram and another reported in AIR 1954 (Madras) 152, it has been observed by a Division Bench that "Section 460 can be invoked only if, from the evidence, it is clearly possible to conclud......are acquitted of the charges levelled against them. Let the appellants be set at liberty at once, if not wanted in any other connection. Ed. This Case is also Reported in: 43 DLR (1991) 573. ..

Category: Criminal Law | Date: | Hits: 82

State Vs. Satya Narayan Sarada, 1991, 20 CLC (HCD)

....y. Being aggrieved by this order of the learned Sessions Judge, Dinajpur, the accused opposite party moved an application under section 561A of the Code of Criminal Procedure in the erstwhile Rangpur Bench of the High Court Division and obtained a Rule in Criminal Revision No. 35 of 1989. The said R......ocedure. The Rule is therefore discharged. The order of stay granted by this Court and the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 529...

Category: Criminal Law | Date: | Hits: 72

Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)

....re also the allegation of no property being owned by defendant No. 2 is sufficient for alleging mala fides on the part of the defendants. 10. In the said decision reported in 28 DLR 231 a Division Bench of this Court in the facts of that case which was filed by an agent against his foreign princi......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 240