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Sadiul Alam Vs. State, 2012, 41 CLC (HCD)

....diately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......s hereby quashed. Let the lower Court's record along with a copy of this Judgment be sent down to the concerned Court immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 146. ......ayet Hossain, 17 BLD (AD) 44 = 2 BLC (AD) 16; Sher Ali Vs. State, 46 DLR (AD) 67; Ram Das Vs. State of UP AIR 1974 SC 1811; Abdul Rauf Vs. State, 53 DLR 283. Lawyers Involved: Md. Khurshid Alam Khan with Mubina Asaf and Shathika Hossain, Advocates - For the Petitioner. Md. Khurshedul ......Procedure, one of the following conditions must be fulfilled: (1) Interference even at an initial stage may be justified where the facts are so preposterous that even on admitted facts no case stands against the accused. (2) Where the institution and continuation of the proceeding amount to ..

Category: Criminal Law | Date: | Hits: 92

Pochon Rikssi Das Vs. Khuku Rani Dasi and others, 1997, 26 CLC (HCD)

.... This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... for the services rendered by the Amici Curiae who took great pains in addressing the Court on the subject of great public importance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 47. ...... AIR 1961 (SC) 1152; 14 BLD 450; 14 BLD 413; 47 DLR 18; Adnan Afzal Vs. Sher Afzal, 21 DLR (SC) 123; Muhammad Azam Vs. Muhammad Iqbal and others, PLD 1984 (SC) 95; Daphne Joseph Vs. Malik Eric Roshan Khan, PLD 1971, Karachi, 531; Meher Negar Vs. Mojibur Rahman, 47 DLR 18; Abdul Khaleque (Md.) Vs. Se...... (Civil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mohammad Fazlul Karim J Md. Joynul Abedin J Pochon Rikssi Das……………..Petitioner Vs. Khuku Rani Dasi and others……………Opposite Parties Judgment June 12, 1997. Result: The Rule is di..

Category: Family Law | Date: | Hits: 209

Touhid & Others Vs. State, 2006, 35 CLC (HCD)

....State, 42 DLR AD 130; Kundula Bala Subrahmanyam Vs. State of A.P. (1993) 2 SCC 684; Tawaib Khan and another Vs. The State, PLD 1970 SC 13. Lawyers Involved: Abdul Malek with S. M. Shahjahan and Md. Ariful Islam - For Convict-appellants. A. S. Md. Ramzan Khan, Deputy Attorney-General with Md......e to surrender learned Sessions Judge will take all steps to put him behind prison bar. Lower Court Records are sent down at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 364. ......and others Vs. State, 42 DLR (AD) 3; Barendra Kumar Ghosh Vs. Emperor, AIR 1925 PC 1; Nurjahan Begum Vs. The State, 42 DLR AD 130; Kundula Bala Subrahmanyam Vs. State of A.P. (1993) 2 SCC 684; Tawaib Khan and another Vs. The State, PLD 1970 SC 13. Lawyers Involved: Abdul Malek with S. M. Shahj......………………………Convict-appellants Vs. The State……………………………Respondent Judgment March 20, 2006. Result: The appeal is allowed in part. Fundamental and basic principles in the Administration of Criminal Law and Justice Delivery System is the innoce..

Category: Criminal Law | Date: | Hits: 98

Elite Lamps Ltd. Vs. Secretary, Ministry of Industries and others, 2007, 36 CLC (HCD)

.... Professor Abdur Rahim Khan Vs. Bangladesh through the Secretary, Ministry of Industries, 7 BLT (AD) 313; Mirzaboo Steels Ltd. Vs. Bangladesh, 59 DLR 141. Lawyers Involved: Raisuddin Ahmed with Md. Arshadur Rouf (present at the hearings but not present at the time of Judgment) Advocates — Fo......Rin Case No. 30 of 1991 expeditiously preferably within 4 (four) months from date. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 641. ......rough Court and no direction can be given for withdrawing a suit for non-implementation of those recommendations.…….................…(16 & 17) Case Referred to- Professor Abdur Rahim Khan Vs. Bangladesh through the Secretary, Ministry of Industries, 7 BLT (AD) 313; Mirzaboo Steels L......High Court Division (Special Original Jurisdiction) Present: Zinat Ara J Sheikkh Abdul Awal J Elite Lamps Ltd…………………Petitioner Vs. Secretary, Ministry of Industries and others………………..Respondents Judgment November 19, 2007. Result: The Rule i..

Category: Constitutional Law | Date: | Hits: 334

Md. Liton Miah alias Ripon Vs. State, 2006, 35 CLC (HCD)

....n as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......t liberty at once if not wanted in connection with any other case. 11. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 277. ......y interested police witnesses will be hazardous and also dangerous............................(5 & 6) Lawyers Involved: Md. Salim, Advocate - For the Convict-Appellant. A. S. Md. Ramzan Khan, Deputy Attorney-General with Mrs. Shirin Afroz Assistant Attorney-General - For the Respondent......�………………………Convict-Appellant Vs. The State………………………………Respondent Judgment November 28, 2006. Result: The appeal is allowed. Conviction and sentence under the Arms Act only on the basis of highly interested police witnesses In a char..

Category: Criminal Law | Date: | Hits: 125

Md. Abdul Wahab Sarker and others Vs. Md. Shahid Sarker and others, 2009, 38 CLC (HCD)

....ipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ......ted to dispose of the suit within 6 months from the date of receipt of the records. Send down the lower Courts records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ...... Barik and another, 35 DLR (AD) 162; Upendra Chandra Rishi and others Vs. Sufia Begum and others, 1990 BLD (AD) 194; Bangladesh and another Vs. Mashiur Rahman and others, 50 DLR (AD) 205; Abdur Hamid Khan Vs. Miah Nurul Islam and others, 42 DLR (AD) 48; Md. Shah Alam Vs. Musammat Farida Begum, 17 BL......cords immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 94. ..

Category: Procedural Law | Date: | Hits: 133

Bachu Miah Vs. Samad Miah and others, 1998, 27 CLC (HCD)

.... bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......atisfaction of the Deputy Commissioner Brahmanbaria am directed to surrender to their bail bonds. Send down the LC record at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 564. ......998) 564. ..

Category: Criminal Law | Date: | Hits: 75

Ayesha Khatun Akhtar Vs. Government of Bangladesh and another, 1998, 27 CLC (HCD)

....le vest in the real owner and the restoration of the same must be made in favour of the real owner or any person duly authorised on his behalf…………………………(3) Lawyers Involved: Md. Nawab Ali, Advocate ‑ For the Petitioner. Not Represented ‑ For the Respondents. Writ ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......e date of receipt of the copy of the judgment. Let a copy of this judgment be communicated to the Respdt No.1 at once for compliance. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 639. ......Division (Special Original Jurisdiction) Present: Qazi Shafiuddin J Syed JR Mudassir Husain J Ayesha Khatun Akhtar……………………Petitioner Vs. Government of Bangladesh and another……………………Respondents Judgment February 12, 1998. Result: The R..

Category: Property Law | Date: | Hits: 71

Abdul Latif Howlader Vs. Additional Deputy Commissioner (Revenue) & others, 1998, 27 CLC (HCD)

.... (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......nder Article 102 of the Constitution. In the result, the application is rejected with a cost of Taka 1,000.00 (One thousand) only. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 638. ......espondents Judgment August 4, 1998. Result: The application is rejected. The Constitution of Bangladesh, 1972, Article 102(2)(a)(ii) Wwhere an authority is vested with jurisdiction and in exercise of such jurisdiction it commits mistake such mistake cannot be amenable to judicial ..

Category: Constitutional Law | Date: | Hits: 222

Mustaq Ahmed Vs. State, 2010, 39 CLC (HCD)

.... down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......erence thereof in her Service Book. The office is directed to communicate the Order and send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 301. ......heque could not be encashed. As soon as the appellant had come into possession of the cheque, the offence of extortion stood committed………………………(65) Lawyers Involved: Faisal H Khan and Moinuddin, Advocates - For the Appellant. Bashir Ahmed, Assistant Attorney-General - For......aq Ahmed………………………………Appellant Vs. State………………………Respondent-Opposite-Party Judgment March 25, 2010. Result: Criminal Appeal No.190 of 2005 stands allowed. The Penal Code, 1860 (XLV of 1860); ss. 383, 384, 386, 387 The application of s..

Category: Criminal Law | Date: | Hits: 62

Nuruzzaman (Md.) and others Vs. Bangladesh and others, 2012, 41 CLC (HCD)

.... the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......e infructuous. Accordingly, the Rule issued in Writ Petition No.6791 of 2010 is also discharged. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 406. ......i Deb, Assistant Attorney-General - For the Respondent No.1 and 2 (In Writ Petition Nos. 1796, 1798-1800 of 2011) and for Respondent No.1 of (In Writ Petition No.6791 of 2010). Khurshid Alam Khan, Advocate - For the added Respondent No.4 (In Writ Petition Nos.1796, 1798-1800 of 2011). Wr......also Reported in: 64 DLR (HCD) (2012) 406. ..

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

Al-Haj Abdul Maleque GaziVs. Government of the People's Republic of Bangladesh and others, 2007, 36 CLC (HCD)

....o costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ......es of the case, we do not find any substance in the instant Rule. The Rule is therefore, discharged without any order as to costs. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 373. ......art of an Advocate…………………………(9) Lawyers Involved: Abul Kalam Mainuddin, Advocate - For the petitioner. Rubaiyat Hossain, Assistant Attorney General with A.K.M Salahuddin Khan, Assistant Attorney General - For the respondents. Writ Petition No.1321 of 1997. Judgmen......l Original Jurisdiction) Present: Mir Hashmat Ali J Syed Abu Kowser Md. Dabirush Shan J Al-Haj Abdul Maleque Gazi, son of late Mohammad Gazi, Village-Mokimabad, Thana Hajigonj, District-Chandpur………………………Petitioner Vs. The Government of the People's Republic of Ban..

Category: Property Law | Date: | Hits: 73

Government of the People's Republic of Bangladesh Vs. Altaf Hossain and others, 2009, 38 CLC (HCD)

....) Vs. Al-Haj Ahmadur Rahman, 4 BLC (HCD) 349; Laxmi Kanta Roy Vs. Upazila Nirbahi Officer and another, 46 DLR (HCD) 136. Lawyers Involved: Sk. Abdullah, Advocate - For the petitioners. Md. Shamsul Huq, Advocate - For the opposite party Nos. 1-10, 12-17,21-24, 26-31 and 33-36. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......No.117 of 1993 is hereby upheld. The order of status quo granted earlier by this Court is hereby vacated. Send down the LCR at once. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 81. ......dadul Hoque J Government of the People's Republic of Bangladesh, represented by the Deputy Commissioner, Jhelakathi........................Defendant-Appellant-Petitioners Vs. Altaf Hossain and others...........................Opposite parties Judgment June 24, 2009. Result: ..

Category: Property Law | Date: | Hits: 96

Abdul Wadud Miah Vs. Bangladesh, represented by the Secretary Ministry of Jute & others, 2008, 37 CLC (HCD)

....olders especially to the loan giving Bank, Uttara Bank and the Government in the Ministry of Jute. Pursuant to the said agreement, Annexure-A, the Ministry of Jute, through Senior Assistant Secretary Md. Lokman Hakim, respondent No.2 on 27.1.1999 accorded 'No objection' to the Managing Director, Taj......t. In the results, the rule is discharged. However, there shall be no order as to costs. Moyeenul Islam Chowdhury J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 152. ...... malafide action malafide action is such action which is taken with an intention of ulterior or collateral purpose…………………………(34) Cases Referred to- Habibullah Khan Vs. Shah Azharuddin, 3 BLD (AD) 1423; R Vs. Secretary of State for the Home Department, 1984 1 ...... can not claim to be heard before the same is infringed by any action either judicial or administrative………………………(27) Public body when deciding something must not be unreasonable and the actions of the authority must not be so much at odd with the requirement of fairness that th..

Category: Administrative Law | Date: | Hits: 299

Rafiqul Islam Vs. State, 2009, 38 CLC (HCD)

....ing for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Metropolitan Magistrate, Second Court, Dhaka, where the case is pending for trial. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 9. ......Accused-petitioner Vs. The State………………………..Opposite party Judgment February 9, 2009. Result: The Rule is made absolute. The accused-petitioner was shown arrest and had been in jail hajat for more than 2 (two) years without trial and 3 prosecution witnesses wer..

Category: Criminal Law | Date: | Hits: 88

Mirja @ Mizan Vs. State, 2007, 36 CLC (HCD)

....ed appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......on and sentence dated 30.07.2005 is set aside only as regards accused appellant Mirza alias Mizan. Send down the copy of judgment. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 256. ......ant (In Custody) Vs. The State…………………………Respondent Judgment May 8, 2007. Result: The appeal is allowed. The Arms Act, 1878 (Act No. XI of 1878); Section 19A and (f) Mere knowledge about any arms and ammunition is not enough to make someone liable for con..

Category: Criminal Law | Date: | Hits: 65

Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)

....cation, cannot circumvent the bar put by law…………………(30) Cases Referred to- Surat Sardar Vs. Afzal Hossain, 49 DLR (AD) 99; Arfan Ali Sheikh Vs. Ead Ali Talukdar, 14 DLR 791; Shaha Md. Elias Shah Vs. Province of East Pakistan, 17 DLR 277; Jalil Ahmed Vs. Province of East Pakistan,......e of dismissal passed by the Subordinate Judge, 3rd Court, Tangail, is hereby affirmed. Send down the lower Court record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 267. ......ny right title or interest in favour of the plaintiff? It is found from notification published in the official gazette published under section 43(2) of the SA&T Act, 1950, that the "Haidar Ali Khan Panni Wakf al-al-Aulad Estate" Karatia, was acquisitioned as 'waqf estate' and that the compens......gh Court Division (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J M Moazzam Husain J Zareen Biscuit Company.........................Appellant Vs. Sayed M. Salimullah and others.........................Respondents Judgment October 11, 2010. Result: The ..

Category: Trust/Waqf Law | Date: | Hits: 114

Sharifuddin and others Vs. Commissioner of Customs and others, 2009, 38 CLC (AD)

....s are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ....... The appeals are therefore allowed without any order as to cost. The civil petitions are disposed of by the judgment in Civil Appeals. Ed. This Case is also Reported in: 9 ADC (2012) 721. ......le laid down in Al-Samrez case, the appellant had acquired a vested right which could not be taken away by subsequent withdrawal. We are consequently of the view that the cases cited by Mr. Amanualah Khan are fully attracted to the present case, so far as withdrawal of exemption from sales tax is co.............................Petitioner (In Civil Appeal No.990 of 2001) Md. Razual Karim....................................Petitioner (In Civil Appeal No.996 of 2001) Vs. Commissioner of Customs and others.........................Respondent (In all the cases) Judgment May 12, 2009. Res..

Category: Fiscal/Taxation Law | Date: | Hits: 128

Abdul Karim Vs. Land Acquisition Officer, Comilla and others, 2006, 35 CLC (HCD)

....y learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......e without lawful authority. With the foresaid findings and observations, I concur with my learned brother in making the Rule absolute. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 112. ......nkar Gopal Chatterjee Vs. Additional Commissioner, Dhaka Division, 41 DLR 326; Abdul Kader Vs. Masaddar Ali, 3 BLC (AD) 211; Jaichand VWO AIR 1967 SC 483; Abdur Rauf Vs. Abdul Hakim, 17 DLR (SC) 515; Khandoker Moshtaque Ahmed Vs. Bangladesh, 34 DLR (AD) 22. Lawyers Involved: AKM Fazlul Hoque, ...... (HCD) (2009) 112. ..

Category: Property Law | Date: | Hits: 85

Kartick Chandra Das and another Vs. State, 2012, 41 CLC (HCD)

....e for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ......tunity on priority basis. Communicate the order to the learned Special Judge, Bogra, at once for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 458. ...... also Reported in: 64 DLR (HCD) (2012) 458. ..

Category: Procedural Law | Date: | Hits: 86

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