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Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......ng him to withdraw his letter on 12‑1‑95. 7. It has been further stated in the revisional application that in view of an emergency situation having arisen the Bangladesh Sarak Paribahan Samity called an emergency meeting on 19‑1‑95 to discuss the situation in details and at the end of thi......d therefore, no such legal committee could extend its own life with retrospective effect from 2 years to 3 years. And those arbitrary and high handed and unlawful acts of the plaintiffs have caused colossal damage to the spirit and image of the Samity and created an undesirable situation in the tran..

Category: Civil Law | Date: | Hits: 85

Alaluddin alias Alauddin and Others Vs. State, 1994, 23 CLC (HCD)

....ed by the Additional Sessions Judge, 2nd Court, Mymensingh in Sessions Case No.43 of 1989 convicting three appellants namely, Alaluddin @ Alauddin, Majibor Rahman and Sadir, and two others accused persons under sections 302/34 of the Penal Code and sentencing each of them thereunder to suffer rigoro...... That is her husband was Relief Chairman right from 1972 to 1976. He was again re‑elected as Chairman in the year 1984. After her husband took over the charge as chairman, the miscreants, allegedly called members of Sarbahara Party, namely (1) Mujibur, son of Mirash Ali Akhad of village Rajnarikel......t the appellants be set at liberty forthwith, if not wanted, in connection with any other case. Send down the L/C records at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 66. ..

Category: Criminal Law | Date: | Hits: 74

Muklesur Rahman (Md.) Vs. Government of Bangladesh represented by the Secretary, Ministry of Home Affairs and others, 1995, 24 CLC (HCD)

.... Secretary, Ministry of Home Affairs and others………………………………………………………………….Respondents Judgment August 13, 1995. Result: The Rule is made absolute. Lawyers Involved: Alaluddin, Advocate‑For the Petitioner. Lasker Fakhruddin Ahmed......n under Article 102(2) (b) (i) of the Constitution the detention of Md. Mamun Rana, son of Muklesur Rahman of No. 44, Lalchan Mukim Lane, police station Sutrapur, District Dhaka Central Jail has been called in question. 2. The detenu Md. Mamun Rana, was taken into custody in execution of an order......District Dhaka now detained in Dhaka Central Jail be released at once unless his further detention is required in any other connection. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 63. ..

Category: Criminal Law | Date: | Hits: 105

Abdur Rahman and others Vs. Abdus Sattar and others, 1995, 24 CLC (HCD)

....J Abdur Rahman and others.....................Petitioners Vs. Abdus Sattar and others......................Opposite Parties Judgment February 19, 1995. Result: The Rule is made absolute. Lawyers Involved: A S Md. Ramzan Khan, Advocate‑For the Petitioners. Sufia Khato....... In the result the Rule is made absolute and no order is made as to costs. Send down the records to the lower court immediately. Ed. This case is also Reported in: 49 DLR (HD) (1997) 60. ......ut impleading the petitioners as parties. The petitioners have interest in the properties of the suit in question and unless they are made parties they will be prejudiced and shall suffer irreparable loss and injury. The learned trial Court rejected the said application of the petitioners by the imp..

Category: Property Law | Date: | Hits: 47

Nasima Akhter (Papi) Vs. Government of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs, 1994, 23 CLC (HCD)

....t of the Peoples Republic of Bangladesh, represented by the Secretary, Ministry of Home Affairs.......................opposite parties Judgment January 6, 1994. Result: The Rule is made absolute. Lawyers Involved: Alaluddin, Advocate‑For the Petitioner. M. Shamsul Alam, Deputy......f the Code of Criminal Procedure, the detention of one Md. Nazimuddin, son of Kumaruddin of 10/2 Sayedabad, Police station Demra, District Dhaka now detained in custody in Dhaka Central Jail has been called in question. 2. The detention of the detenu, Md. Nazimuddin, has been challenged by the pe......opposite party No.3, the Superintendent, Dhaka Central Jail, Dhaka is directed to report compliance with the above order to this court. Ed. This case is also Reported in: 49 DLR (HD) (1997) 57. ..

Category: Criminal Law | Date: | Hits: 69

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....ecords accordingly were prepared in their names. As one of the co-sharers of the suit holding fell into arrear of rent, certificate case being No. 92 SA 1985/86 was initiated and finally the land was sold in auction in execution of certificate. One Safia Begum, predecessor-in-interest of the plainti......e shifted into the suit land and the induction of tenants all on a single morning was not believable. The High Court Division came to a finding that none of the P.Ws. were natural witnesses of the so-called factum of dispossession and no one from the neighborhood had come forward to support the case......ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ..

Category: Property Law | Date: | Hits: 70

State Vs. Dr. AZM Zahid Hossain and another, 2012, 41 CLC (AD)

....for leave to appeal is directed against the judgment and order dated 05.12.2011 passed by a Division Bench of the High Court Division in Criminal Miscellaneous Case No.23523 of 2009 making the Rule absolute. 2. The relevant facts of the case are as follows: The Ministry of Finance allowed 8 V......12. Surendra Kumar Sinha J – I agree. Md. Abdul Wahhab Miah J – I agree. Nazmun Ara Sultana J – I agree. Syed Mahmud Hossain J – I agree. Ed. This Case is also Reported in: ...... sale of tickets from B.M.A. to the tune of Tk.34,56,750.00 against 6,28,500 tickets. Thus having abused his position the accused illegally retained 3,71,500 tickets without making payment and caused loss of Tk.20,43,250.00 to Dhaka Shishu Hospital by way of returning the said 3,71,500 tickets after..

Category: Criminal Law | Date: | Hits: 92

Md. Anwar Hossain and other Vs. Mosammat Hoshneara Begum alias Putul, being dead her heirs:-Kamrul Islam and others, 2011, 40 CLC (AD)

....ed this petition for leave to appeal against the judgment and order dated the 28th and 29th days of October, 2008 passed by the High Court Division in Civil Revision No. 625 of 1995 making the Rule absolute and sending the suit back on remand to the trial Court. 2. The predecessors of respondent ......local investigation of the suit land by appoint­ing another Advocate Commissioner invoking inherent power of the Court under section 151 of the Code of Civil Procedure, therefore, no interference is called for by this Court with the impugned judgment and order. 8. We have gone through the judgme......t and order dated 28-29/10/2008 passed by the High Court Division in Civil Revision No.625 of 1995 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 744. ..

Category: Property Law | Date: | Hits: 83

Md. Hossain Ahmed Vs. Bangladesh House Building Finance Corporation and another, 2011, 40 CLC (AD)

....of November, 2009 passed by the High Court Division in Civil Revision No.1080 of 2009 discharging the Rule rat­ifying the judgment and order dated 26.02.2009 passed by the learned District Judge, Jessore in Miscellaneous Appeal No.16 of 2007. 2. Facts necessary for disposal of this leave petitio......ovember, 2009 passed by the High Court Division in Civil Revision No.1080 of 2009). Judgment Md. Abdul Wahhab Miah J. - In this peti­tion for leave to appeal the judgment-debtor-petitioner has called in question the propriety of the judgment and order dated the 8th day of November, 2009 passe......tance in the submissions of Mr. Quamrul Islam Siddique, so in the leave petition. Accordingly, the leave petition is dis­missed. Ed. This Case is also Reported in: VIII ADC (2011) 721. ..

Category: Civil Law | Date: | Hits: 108

Rafiqul Hossain @ Ranaesh and another Vs. Lal Mohan Saha and others, 1991, 20 CLC (HCD)

....nterim injunction. Thereafter the opposite parties on 14.9.81 filed an application under Or. 39 r 2(3) CPC for attachment of the property of the petitioners for imposing fine and for their civil imprisonment on the allegation that in violation of the order of injunction the petitioners cut and took ......order for arrest of the defendant or to attach his property and it is not bound in the first instance to order for imprisonment. He submits that accordingly in the instant case the attachment was not called for. On the contention as the proceeding under Order 39, rule 2(3) is quasi­ criminal in nat......trial Court passed the order of the attachment of the property. 9. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 718. ..

Category: Criminal Law | Date: | Hits: 90

Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)

....s also Reported in: 45 DLR (HCD) (1993) 712. ......as we hold that the Arbitrator had power to award interest by applying the doctrine of implied power as propounded in Chandris. We also hold that the order of modification made in this regard was not called for as there is no error of law apparent on the face of the award nor the award was obtained ......eipt of the letter the Executive Engineer submitted a report to the Chief Engineer. And the appellant, however, resumed the construction work on March 21, 1983. The appellant submitted a bill for the loss sustained by it and for carrying out additional work outside the tender on the verbal direction..

Category: Alternative Dispute Resolution | Date: | Hits: 156

AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)

....aroon‑or‑Rashid & another..................Petitioners Vs. AKM Mostafa Kamaluddin and others.............Opposite Parties Judgment March 22, 2001. Result: The Rule is made absolute without any order as to costs. The Code of Civil Procedure, 1908 (Act No. V of 1908); Orde...... application was rejected earlier. Had the learned Assistant Judge rejected the applications for rejection of plaint by giving reasons as to the question of valuation, the impugned order could not be called in question in this Rule. The question of valuation and the court-fee raised by the defendant......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29.  ..

Category: Civil Law | Date: | Hits: 68

Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)

....Respondents. Writ Petition Nos. 553 of 2003 with 7936 of 2002. Judgment Md. Hamidul Haque J.- These Rule were issued calling upon the respondents to show cause as to why the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No.LII of 1974) i......ion of the section the same is reproduced below: 4. Nikah Registrars-For the purpose of Registration of marriages under this Act the Government shall grant licenses to such number of persons to be called Nikah Registrars as it may deem necessary for such areas as it may specify: Provided that ...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..

Category: Civil Law | Date: | Hits: 79

Emdadul Hoque Vs. State, 2004, 33 CLC (HCD)

....used-Appellant. Fahima Nasrin Assistant Attorney-General-For the Respondent-State. Criminal Appeal No. 1337 of 1998. Judgment Md. Hassan Ameen J.- This Criminal Appeal, at the instance of sole accused-appellant namely, Emdadul Hoque, is directed against the judgment and order, dated 4‑......this fact, but fact remains that the circumstance which was occurred after the occurrence did not support the prosecution case inasmuch as the same has disbelieved it. In this connection it may be re-called here that P.W.2 mother of the deceased categorically said that on 5‑10‑1994 on hearing il......n. Send 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: 57 DLR (2005) 21. ..

Category: Criminal Law | Date: | Hits: 76

Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)

....ial Judge to frame charge of abetment punishable under section 109 of the Penal Code for committing the offence punishable under sections 409/467/471 of the Penal Code, referred to above. They have also asserted that they are merely victims and main witnesses of the occurrence who initially brought ......itioners. Md. Afsar Hossain, Assistant Attorney-General-For the Opposite Party. Criminal Miscellaneous Case No. 2123 of 1995. Judgment Farah Mahbub J.- By this Rule the opposite party was called upon to show cause as to why the proceeding in Special Case No. 29 of 1994 arising out of GR ......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ..

Category: Criminal Law | Date: | Hits: 85

Hafez (Md.) Bazlur Rahman and others Vs. Bangladesh represented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and others, 2004, 33 CLC (HCD)

....being disposed of by the single Judgment. 2. In all the Writ Petition Rules Nisi under Article 102 of the Constitution, of the People's Republic of Bangladesh were issued impugning the second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974) ......vorces Registration Act, 1974 is as follows: "4. Nikah Registrars.- For the purpose of Registration of marriage under this Act, the Government shall grant licenses to such number of persons, to be called Nikah Registrars, as it may deem necessary for such areas as it may specify: Provided tha......2002, 832 of 2003, 728 of 2003, 2014 of 2003 and 2562 of 2003, therefore, have no substance and are discharged without any order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 444...

Category: Civil Law | Date: | Hits: 70

Air Marshal Jamaluddin Ahmed (Retd) Vs. Government of Bangla­desh and others, 2004, 33 CLC (HCD)

....amaluddin Ahmed (Retd)…………………….Petitioner Vs. Government of Bangla­desh and others………………..Respondents Judgment June 13, 2004. Result: The Rule is made absolute. Cases Referred to- Col. Md. Hashmat Ali (Retd) of Bangladesh Army Medical Corps Vs. Ba......izur Rahman Vs. Government of Bangladesh 29 DLR 34, an order passed by the Chief of Staff, Bangladesh Army, cancelling the appointment of the petitioner as the officiating Judge Advocate General, was called in question under Article 102 of the Constitution. The Rule was discharged on the ground that......om the date of receipt of the copy of this judgment and order. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 1. ..

Category: Employment/Service Law | Date: | Hits: 148

State Vs. Abdul Hatem, 2003, 32 CLC (HCD)

....ision (Criminal Revisional Jurisdiction) Present: AK Badrul Huq J Md. Abdul Hye J State ............................... Appellant Vs. Abdul Hatem ............….. Condemned Prisoner Judgment February 2, 2003. Result: Death Reference is accepted. Cases Referred......so, shouted and on hearing shouting PW 2 Santi Begum, PW 5 Mohiruddin alias Mahor and others came to the scene of occurrence. Rahima Khatun was taken to seeds club and Dr. Md. Hanif­uddin (PW 4) was called who expressed his inability to treat Rahima Khatun and suggested to take her to Sarishabari H......Jamalpur in Sessions Case No. 76 of 1999 arising out of Sarishabari Police Station Case No. 19(6)/97 corresponding to GR Case No. 462(2)97. Ed. This Case is also Reported in: 56 DLR (2004) 431. ..

Category: Criminal Law | Date: | Hits: 75

Ambala Cold Storage (Pvt.) Ltd. Vs. Prime Insurance Co. Ltd., 2001, 30 CLC (HCD)

....,000 for cost of repair of tile machinery under MBD. Having received the initial claim the respondent by their letter dated 20‑10‑1998 appointed two Surveyor Companies, namely, Engineers Survey Associates Ltd. and Rupali Surveyors as joint surveyors to survey the loss. The respondents also asked......resist the prayer of the petitioner for winding up the company and denying the material allegations, the respondent has stated that the petition has been filed as a pressure tactics to recover the so-called dues which is highly disputed by the respondent Company. It has been stated that the responde...... the initial claim the respondent by their letter dated 20‑10‑1998 appointed two Surveyor Companies, namely, Engineers Survey Associates Ltd. and Rupali Surveyors as joint surveyors to survey the loss. The respondents also asked the petitioner to Submit formal claim in prescribed form along with..

Category: Company Law | Date: | Hits: 168

Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)

....ing the Respondent No.1 as President of the People's Republic of Bangladesh as to hold office of the President on or after 8‑10‑1995 was made/done in respect of a constitutionally disqualified person. 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangla......nk that the office of the President of Bangladesh in an office of profit in the services of the Republic. He submits that if the Articles 133 to 140 of the Constitution are read together it cannot be called that the office of the President is an office of profit in the Service of the Republic. Since...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..

Category: Constitutional Law | Date: | Hits: 200